Jitendra Kumar @ Jitendar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26392 of 2025 Arising Out of PS. Case No.-272 Year-2024 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Jitendra Kumar @ Jitendar Son of Darshan Daha Resident of VillageBahadurpur Patori (Balha), P.S.- Shahpur Patori, District- Samastipur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP For the Informant :

Mr. Sachin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Patory P.S. Case No. 272 of 2024, instituted for the offences punishable under Sections 103(1), 126(2), 115(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons have assaulted informant's husband. It is further alleged that the petitioner has assaulted on the head of informant's husband by means of iron rod due to which he died.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26392 of 2025(3) dt.30-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted as also Charge has also been framed in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature and no specific allegation has been attributed against the petitioner. It is further submitted that the petitioner has also sustained injuries. The petitioner is in custody since 11.07.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner and submits that there is specific allegation against the petitioner of assaulting informant's husband by means of iron rod and the witnesses have also supported the prosecution case. Learned counsel for the informant further submits that three witnesses have been examined in this case. Learned counsel for the informant relied upon a decision of the Hon'ble Apex Court reported in 2024 SCC OnLine SC 3539 (X. vs. State of Rajasthan & Anr.), wherein in paragrah no. 14, the Hon'ble Apex Court has held has under:

"14. Ordinarily in serious offences like

Patna High Court CR. MISC. No.26392 of 2025(3) dt.30-07-2025 3/3 rape, murder, dacoity, etc., once the trial commences and the prosecution starts examining its witnesses, the Court, be it the Trial Court or the High Court should be loath in entertaining the bail application of the accused."

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T