Patna High Court
Jitendra Kumar @ Jitendra YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(3), 352
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
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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
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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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