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Patna High Court

Jitendra Kumar @ Jitendra YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioners.

Summary

The petitioners, three brothers, sought anticipatory bail after an FIR was lodged against them for assaulting an informant amid a long‑standing land dispute. The informant alleged that the petitioners, along with others, intercepted his motorcycle and beat him with sticks, causing grievous injuries. The petitioners argued that they had earlier filed a retaliatory FIR against the informant, making their case prior in time, and contended that the allegations in the present FIR were vague and omnibus. The court noted the prior FIR, the lack of a dated injury report, and the background of the land dispute, and was persuaded that the petitioners were likely to be victims of retaliation. Consequently, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of a retaliatory FIR and vague allegations.
  • Whether the prior FIR filed by the petitioners affects the merit of the present FIR and the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • land dispute
  • FIR
  • assault
  • Section 482
  • Bhartiya Nyaya Sanhita
  • criminal procedure
  • bail
  • Nawada

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91142 of 2025
                     Arising Out of PS. Case No.-232 Year-2025 Thana- KAUWAKOL District- Nawada
                 ======================================================
           1.     Jitendra Kumar @ Jitendra Yadav S/o- Devi Yadav Resident of at Bindichak
                  PS- Kouwakoal Dist- Nawada
           2.    Abendra Yadav @ Abendra Kumar S/o- Devi Yadav Resident of at
                 Bindichak PS- Kouwakoal Dist- Nawada
           3.     Ganesh Kumar @ Ganesh Yadav S/o- Krishna Yadav Resident of at
                  Bindichak PS- Kouwakoal Dist- Nawada
                                                                   ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Amit Ranjan
                 For the Informant      :        Mr. Rajesh Kumar Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   01-04-2026         1. Heard learned counsel for the petitioners and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Kouwakol Police Station Case No. 232 of 2025, dated

                            09.06.2025,      disclosing       offences      under       Sections

                            126(2)/115(2)/118(1)/109/303(2)/352/351(3)/3(5) of the

                            Bhartiya Nyaya Sanhita.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 02.06.2025 at about 07:30 PM, while the

                            informant was returning village after doing his work and

                            no sooner than he arrived at chowk near village the

                            petitioners, along with other accused persons, intercepted

                            the informant’s motorcycle and assaulted him by means
Patna High Court CR. MISC. No.91142 of 2025(4) dt.01-04-2026
                                            2/3




                  of tangi, gadasa, etc. Petitioner no. 3, namely, Ganesh

                  Kumar @ Ganesh Yadav, allegedly assaulted with gadasa

                  on the hand of informant.

              4. Learned counsel for the petitioners submits that there is

                  case and counter case between the parties due to long

                  standing land dispute. He next submits that the case

                  lodged by the side of the petitioners is prior in time

                  inasmuch as for the occurrence which has taken place on

                  02.06.2025, the FIR, bearing Kouwakol Police Station

                  Case No. 226 of 2025, was lodged by the side of

                  petitioners on 05.06.2025 against the informant and

                  others. After lodging of the FIR by the side of the

                  petitioners, in retaliation, the present FIR has been lodged

                  after 07 days on 09.06.2025 having the same date of

                  occurrence i.e. 02.06.2025. He further submits that

                  allegations against the petitioners are general and

                  omnibus in nature and no specific allegation has been

                  alleged against the petitioners.

              5. On the other hand, learned counsel for the informant

                  opposes the prayer for bail and submits that all the

                  accused persons surrounded the informant, brutally

                  assaulted him and injuries sustained by the informant is
            Patna High Court CR. MISC. No.91142 of 2025(4) dt.01-04-2026
                                                        3/3




                              grievous in nature.

                          6. Regards being had to the submissions made on behalf of

                              the parties and taking into consideration the fact that there

                              is long standing land dispute between the parties, case

                              lodged by the side of petitioners is prior in time and

                              injury report does not show the date of examination of

                              informant, I am inclined to grant the petitioners privilege

                              of anticipatory bail.

                          7. This application is, accordingly, allowed.

                          8. Let the petitioners, above named, in the event of his arrest

                              or surrender before the Court below within four weeks, be

                              released on bail on furnishing bail bond of Rs. 10,000/-

                              (Ten Thousand) each with two sureties of the like amount

                              each to the satisfaction of learned Additional Chief

                              Judicial Magistrate - V, Nawada, in connection with

                              Kowakol Police Station Case No. 232 of 2025, subject to

                              the condition laid down under Section 482 (2) of the

                              Bhartiya Nagrik Suraksha Sanhita, 2023.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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