Patna High Court
Jitendra Kumar @ Chhotan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the injuries were simple and did not indicate an intention to cause death, thereby granting bail to the petitioner.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a land‑dispute‑related incident where he allegedly assaulted an informant with an iron rod and fired a weapon, leading to multiple injuries. He faced charges under IPC sections 341, 323, 325, 308, 504 and Section 27 of the Arms Act. The petitioner argued that the assault was a single‑rod attack, the injuries were simple, and there was no intention to cause death, seeking bail on the basis of a clean antecedent. The prosecution presented the injury report indicating several visible injuries. The court, after examining the medical report and noting the lack of evidence of intent to cause death, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the nature and extent of injuries justify denial of bail under the serious charges.
- Whether the petitioner’s alleged actions demonstrate an intention to cause death, warranting pre‑trial detention.
- Whether the petitioner is entitled to bail under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 308, 323, 325, 341, 504
Subjects
- bail
- assault
- IPC
- Arms Act
- intention to cause death
- land dispute
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85920 of 2023
Arising Out of PS. Case No.-220 Year-2023 Thana- Kurth District- Arwal
======================================================
Jitendra Kumar @ Chhotan Yadav, Son of Ramchandra Yadav, R/o village-
Pondil, P.S. - Kurtha, Distt. - Arwal
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Narayan Singh, Advocate
For the Opposite Party/s : Mr. Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kurtha P.S. Case
No.220 of 2023 registered under Sections 341, 323, 325,
308, 504 read with 34 of the Indian Penal Code and Section
27 of the Arms Act.
3. As per FIR, named co-accused persons including
petitioner assaulted the informant by using iron rod while he
was ploughing in his agricultural field. The allegation of firing
is also available. During the occurrence, the informant
received serious injuries and was carried to Kurtha Hospital
by his family members.
Patna High Court CR. MISC. No.85920 of 2023(5) dt.21-01-2026
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4. It is submitted by learned counsel appearing for
petitioner that present occurrence took place in the
background of land dispute. It is submitted that the allegation
qua physical assault is only of single rod assault, which makes
the allegation prima facie doubtful in view of injury report, as
the informant received total five visible injuries on his body.
In this context, it is submitted that in fact the occurrence was
free fight in nature, where both parties received injuries. It is
also submitted that upon medical examination, all injuries as
alleged to be received by informant Krit Yadav was found
simple in nature, suggesting that the petitioner was not under
intention to cause death of informant/injured. The petitioner
claimed clean antecedent.
5. Learned APP while opposing bail, submitted
injury report of informant along with a copy of the up-to-date
case diary across the board, which was taken on record.
6. In view of aforesaid factual submissions and by
taking note of nature of injuries, which upon medical
examination found simple prima facie negating intention to
cause death, as alleged, accordingly, the petitioner, above-
Patna High Court CR. MISC. No.85920 of 2023(5) dt.21-01-2026
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named, in the event of his arrest or surrender in the court
below within a period of four weeks from today, is directed to
be released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned S.D.J.M., Arwal in
connection with Kurtha P.S. Case No.220 of 2023, subject to
the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure (in short ‘CrPC’)/under Section 482(2)
of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short
‘BNSS’).
7. Presence of I.O. is dispensed with.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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