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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Jitendra Kumar, was charged under multiple sections of the Indian Penal Code for allegedly assaulting Bhola Shankar with an iron rod, causing a lacerated wound. He applied for regular bail, claiming innocence, lack of prior criminal record, and highlighting a delay in filing the FIR. The State opposed bail, emphasizing the grievous nature of the injury. The court examined the facts, including the seriousness of the charges and the petitioner's custody since August 2025. Considering the circumstances, the court ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether regular bail should be granted to the petitioner despite the serious nature of the offences charged
  • Whether the delay in lodging the FIR and the petitioner’s lack of criminal antecedents justify bail

Legislation cited

Subjects

  • regular bail
  • assault
  • Indian Penal Code
  • grievous injury
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89200 of 2025
                     Arising Out of PS. Case No.-282 Year-2024 Thana- GAYA MUFASIL District- Gaya
                 ======================================================
                 Jitendra Kumar S/o Shivi Yadav R/o Village- Kathautiya, P.S- Muffasil, Dist-
                 Gaya Jee.

                                                                                    ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prithivi Raj Singh, Advocate
                                                  Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :       Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                      Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 341, 323,

                   325, 354, 307, 427, 447, 504 and 34 of the Indian Penal Code.

                                 3. The case of the prosecution is that the petitioner has

                   assaulted with iron rod on the jaw of Bhola Shankar due to

                   which, he received lacerated wound on his jaw.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that there is no

                   repetition of blow. There is delay in lodging the FIR. A

                   statement has been made in para-3 of this petition that the
             Patna High Court CR. MISC. No.89200 of 2025(2) dt.22-01-2026
                                                         2/2




                       petitioner has got no criminal antecedent. Moreover, he is

                       languishing in judicial custody since 11.08.2025.

                                    5. Learned APP appearing for the State has

                       vehemently opposed the prayer of regular bail and has

                       submitted that the nature of injury of the injured is grievous.

                                    6. Having heard learned counsel for the parties and

                       considering the facts and circumstances of the case, this court is

                       inclined to enlarge the petitioner on bail. The above named

                       petitioner is directed to be released on bail in connection with

                       Muffasil P.S. Case No. 282 of 2024 on furnishing bail bond of

                       Rs.10,000/- (ten thousand) with two sureties of the like amount

                       each to the satisfaction of learned C.J.M., Gaya Jee.



                                             (Ashok Kumar Pandey, J)
lata/-

U        T


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