Patna High Court
Jitendra Singh @ Jitendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- HARISH KUMAR
Holding
Anticipatory bail was denied to petitioner No. 2, while bail was granted to petitioners No. 1, 3, 4 and 5 with specified conditions.
Summary
The petitioners, who are agnates involved in a land dispute, were charged in Suryapura P.S. Case No. 217 of 2025 for offences under several sections of the Bharatiya Nyaya Sanhita, 2023, including assault with weapons. They sought anticipatory bail, claiming the case arose from a family feud and that the injuries to most victims were simple. The State opposed bail, highlighting a specific allegation that petitioner No. 2 (Surendra Singh) caused a grievous head injury to the informant’s brother. The Court held that anticipatory bail could not be granted to petitioner No. 2 because of the serious nature of the alleged injury, but granted bail to petitioners No. 1, 3, 4 and 5 subject to a Rs 10,000 bond, two sureties and the condition that one bailor be a close relative, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order thus partially disposed of the bail applications.
Issues considered
- Whether anticipatory bail should be granted to petitioner No. 2 despite the allegation of causing grievous injury under the Bharatiya Nyaya Sanhita, 2023.
- Whether bail can be granted to petitioners No. 1, 3, 4 and 5 despite alleged participation in the assault, considering the nature of injuries and the underlying land dispute.
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate for granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 351(2), 352
Subjects
- anticipatory bail
- land dispute
- assault
- grievous injury
- simple injury
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91311 of 2025
Arising Out of PS. Case No.-217 Year-2025 Thana- SURYAPURA District- Rohtas
======================================================
1. Jitendra Singh @ Jitendra Kumar Singh, Son of Late Devrishsi Singh, R/o -
Village - Goshaldih, P.S. - Suryapura, District - Rohtas.
2. Surendra Singh, Son of Late Devrishi Singh, R/o Village - Goshaldih, P.S. -
Suryapura, Dist. - Rohtas.
3. Ravi Kumar, Son of Surendra Singh, R/o Village - Goshaldih, P.S. -
Suryapura, Dist. - Rohtas.
4. Sanjit Kumar, Son of Surendra Singh, R/o Village - Goshaldih, P.S. -
Suryapura, Dist. - Rohtas.
5. Amit Kumar, Son of Surendra Singh, R/o Village - Goshaldih, P.S. -
Suryapura, Dist. - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 28-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Suryapura P.S. Case No. 217 of 2025,
registered for the offences under Sections 191(2), 190, 126(2),
115(2), 118(1), 117(2), 109, 351(2), 352 of the Bharatiya Nyaya
Sanhita, 2023.
3. In the evening of the fateful day, while the
informant was ploughing his field through a Tractor, in the
meanwhile, all the F.I.R. named accused persons, including the
Patna High Court CR. MISC. No.91311 of 2025(2) dt.28-01-2026
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petitioners, armed with weapons, forcibly entered in his field
and brutally assaulted due to which the informant along with his
brother and other family members have sustained serious
injuries. It is specifically alleged that while the brother of the
informant came to his rescue, the petitioner no.2 assaulted him
by means of Bhala, due to which he sustained a head injury.
Besides the aforesaid allegation, it is further alleged that
petitioner no.1 has assaulted his younger brother, namely,
Vikrama Singh and petitioner nos. 4 and 5 assaulted the
informant and others by means of Bhala and other weapons.
Petitioner no.3 also assaulted one Abhishek Kumar, due to
which he sustained injury in his hand.
4. Learned Advocate for the petitioners submitted that
the parties are agnates and bickering over a land dispute,
resulting into institution of case and counter case. In fact, prior
to the institution of the present case, the petitioner no.2 has
instituted Suryapura P.S. Case No. 216 of 2025 against the
informant and his family members. In the said occurrence, the
petitioner no.2 has also sustained grievous injury. The doctor
examined the injured persons and found the injury upon the
person of Dinesh Kumar Singh, Sanjiv Kumar, Vikrama Singh
and Abhishek Kumar simple in nature, however, the injury of
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one Chandrahans Singh was found to be grievous in nature,
which is attributed to petitioner no.2. It is further contended that
all the petitioners though bear one criminal antecedent, however,
they undertake that they will fully cooperate in the proceeding
of the court.
5. On the other hand, learned APP for the State
opposes the bail application and submits that there is a specific
accusation against petitioner no.2 of causing grievous injury
over the brother of the informant, besides taking active
participation in the crime along with other accused persons,
including the petitioners. The corresponding injuries sustained
to five persons clearly shows their active participation.
6. Having considered the submissions advanced by
the learned Advocate for the respective parties and taking note
of the specific accusation against the petitioner no.2, namely,
Surendra Singh, of causing grievous injury over the head of the
brother of the informant, this Court is not acceded the prayer for
grant of anticipatory bail to petitioner no.2. Accordingly, his
prayer for grant of anticipatory bail stands rejected.
7. So far as petitioner nos. 1, 3, 4 and 5 are concerned,
who have though allegedly actively participated in the crime, but
the corresponding injuries have been found to be simple in nature,
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besides the factum of case and counter case and the genesis of
the occurrence is said to be the land dispute, let the petitioner
nos. 1, 3, 4 and 5, in the event of their arrest or surrender before
the court below within four weeks from the date of
receipt/production of a copy of this order, be released on bail on
furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Additional Chief Judicial Magistrate-I, Bikramganj,
Rohtas in connection with Suryapura P.S. Case No. 217 of 2025,
subject to the condition as laid down under Section 482 (2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further
condition that one of the bailors shall be the own/close relative
of the petitioners.
(Harish Kumar, J)
uday/-
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