Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 307, 323, 325, 34, 341, 354, 427, 447, 504
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
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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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