Patna High Court
Jitendra Rai @ Jitendra Kumar RayversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to petitioner No.2 due to a specific stabbing allegation, but granted to petitioners No.1 and No.3 subject to conditions under Section 438 CrPC.
Summary
The petitioners, three brothers, filed an anticipatory bail application under Section 438 of the Code of Criminal Procedure, fearing arrest in a case alleging kidnapping, assault and stabbing under various sections of the B.N.S., 2023. The FIR alleged that the brothers abducted the informant's son at gunpoint and that petitioner No.2 stabbed him. The petitioners argued the incident stemmed from a petty neighbour dispute and that only petitioner No.2 faced a specific stabbing allegation. The State opposed the bail. The court rejected anticipatory bail for petitioner No.2 due to the specific charge of stabbing, but granted anticipatory bail to petitioners No.1 and No.3 on the condition of surrendering within eight weeks and furnishing bail bonds of Rs.10,000 with two sureties each. The application was disposed of accordingly.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted when the allegations are general versus specific.
- Whether the specific charge of stabbing against petitioner No.2 justifies denial of anticipatory bail.
- Whether conditions such as surrender within a stipulated period and bail bonds are appropriate for granting anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 3(5), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure
- specific allegation
- general allegation
- bail conditions
- kidnapping
- assault
- stabbing
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89728 of 2025
Arising Out of PS. Case No.-1024 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Jitendra Rai @ Jitendra Kumar Ray Son of Late Jagarnath Rai Resident of
Village- Parmanandpur Abdulhi PS- Sonepur @ Sonpur District- Saran
2. Dharmendra Ray @ Dharmendra Kumar Son of Late Jagarnath Rai Resident
of Village- Parmanandpur Abdulhi PS- Sonepur @ Sonpur District- Saran
3. Dipak Ray @ Mahindra @ Dipak Kumar Son of Late Jagarnath Rai
Resident of Village- Parmanandpur Abdulhi PS- Sonepur @ Sonpur District-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manish Chandra Gandhi
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 109,
352, 351(2) read with section 3(5) of the B.N.S., 2023.
3. As per F.I.R., on 14.10.2025 at about 7.25 PM,
while son of informant was standing at his door, these
petitioners came there and forcibly abducted son of informant
on gun point and confined him in their house. It is further
alleged that when informant reached at the house of petitioners,
Patna High Court CR. MISC. No.89728 of 2025(2) dt.15-01-2026
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petitioner no. 2 (Dharmendra Ray @ Dharmendra Kumar)
assaulted son of informant with knife, causing injury on his
head.
4. Learned counsel for the petitioners submits that
petitioners and informant are neighbours and due to petty
dispute between son of informant and petitioner no. 3, the
alleged incident took place.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the specific accusation of stabbing
against petitioner no.2 (Dharmendra Ray @ Dharmendra
Kumar), his prayer for anticipatory bail is rejected.
7. So far as petitioner nos. 1 & 3 are concerned, there
is general & omnibus allegation and no specific overt act has
alleged against them, in the event of their arrest/surrender within
a period of eight weeks from today, let the petitioner nos. 1 & 3,
Jitendra Rai @ Jitendra Kumar Ray and Dipak Ray @ Mahindra
@ Dipak Kumar be enlarged on bail on furnishing bail-bonds of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Saran at Chapra in connection with Sonepur @
Sonpur P.S. Case No. 1024 of 2025, subject to condition as laid
Patna High Court CR. MISC. No.89728 of 2025(2) dt.15-01-2026
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down under Section 438(2) of the Code of Criminal Procedure.
8. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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