Patna High Court
Jitendra RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that Section 109 of the BNSS does not apply to the petitioner’s conduct and consequently granted bail subject to statutory conditions.
Summary
The petitioner, Jitendra Rai, sought bail in a case registered under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault on an informant and her husband. The FIR alleged that the accused, including the petitioner, attacked the victims with weapons, causing injuries. The petitioner’s counsel argued that his alleged assault was on a non‑vital part of the husband’s body and there was no intention to cause death, rendering Section 109 of the BNSS inapplicable. The State opposed bail, relying on the FIR allegations. The court, after considering the nature of the injury and the lack of evidence of intent to cause death, held that Section 109 does not attract and granted bail subject to a bond and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, with a direction to cooperate with the investigation.
Issues considered
- Whether the alleged assault on a non‑vital part of the body attracts Section 109 of the BNSS.
- Whether bail should be denied or granted in view of the allegations in the FIR.
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are applicable.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- assault
- Bharatiya Nagarik Suraksha Sanhita
- Section 109
- non‑vital injury
- Criminal Procedure Code
- Section 438
- Section 482
- FIR
- intent to cause death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88207 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- MASHRAK District- Saran
======================================================
Jitendra Rai S/o Baleshwar Rai Resident of village - Padmauli, P.S-
Mashrakh, District - Saran (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Nath Ojha, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115, 118(1), 117, 109, 352, 351(2)(3) & 3(5) of the B.N.S.
3. The allegation in the First Information Report is
that all the accused persons including the present petitioner
came variously armed and assaulted the informant and her
husband causing injuries.
4. The learned counsel for the petitioner submits that
it would be apparent from the First Information Report itself
that it was accused Sunil Rai, who assaulted the informant on
her head and further other accused persons also assaulted her by
means of iron rod. So far as the present petitioner is concerned,
Patna High Court CR. MISC. No.88207 of 2025(2) dt.15-01-2026
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there is allegation against him of assaulting the informant’s
husband on hand causing grievous injury to him but the fact
remains that it is on non-vital part of the body and the same was
caused by hard and blunt object, as such, there can be no
intention to cause death of the deceased, thus the offence under
Section 109 of B.N.S. does not get attracted in the facts of the
case.
5. Learned APP for the State opposed the prayer for
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner is said
to have caused injury on the non-vital part of the informant’s
husband and it is not indicated what was the weapon that was
used and also considering non-application of Section 109 of the
B.N.S., let the above named petitioner, be released on bail, in
the event of his arrest or surrender before the learned Court
below within a period of four weeks from today, 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
Court below where the case is pending/successor Court in
connection with Mashrakh P.S. Case No. 105 of 2025, subject to
Patna High Court CR. MISC. No.88207 of 2025(2) dt.15-01-2026
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the condition as laid down under Section 438 (2) of the Cr.P.C/
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita
(BNSS), 2023.
7. However, the petitioner shall co-operate with the
investigation, if not already concluded and make himself
available and when so required, failing which the prosecution
will be at liberty to move cancellation of his bail bond.
(Soni Shrivastava, J)
anand/-
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