Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35511 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- KARAI PARSURAI District- Nalanda ====================================================== Jitendra Kumar S/o Ramugrah Prasad R/o Village- Guldiya Kulriya Bigha, PS- Karai Parsurai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner, the learned counsel for the informant and the learned APP for the State.
2. The petitioner apprehends his arrest in Karai Parsurai P.S. Case No. 13 of 2026 registered under Sections- 126(2), 115(2), 117(2), 118(1), 109(1), 352(2), 352, 303(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. As per the prosecution story which has been lodged on the basis of written report submitted by the informant to the effect that on the alleged date of occurrence i.e 16.01.2026 at around 6:30 PM, the informant and others were sitting beside fire, in the meanwhile, all the accused persons including the petitioner, came there armed with lathi, rod, pistol etc. in a drunken condition. They started abusing the informant and on protest made by the informant side, the petitioner is said to have
2/4 assaulted co-accused Mitranjan Kumar with an iron rod due to which, he suffered injuries on his head and left hand. Other coaccused also assaulted the informant and others. The petitioner also snatched golden chain to the tune of Rs. 2 lakhs from daughter-in-law of the informant.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and that the present case is the counter blast of Karai Parsurai P.S. Case No. 12 of 2026 dated 17.01.2026 lodged under different Section of the of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.) against the informant and others by the petitioner. He further submits that both the sides suffered injuries and the doctor who has treated the injured Mitranjan Prasad alias Mitranjan Kumar found the injuries on the head to be simple in nature, however, he found the injuries sustained by the said injured on his left hand to be grievous in nature. He further submits that petitioner has got a clean antecedent.
5. Learned counsel appearing on behalf of the informant submits that the petitioner assaulted the injured Mitranjan Prasad alias Mitranjan Kumar, due to which he suffered injuries on his head and his hand was fractured. The doctor found the injury on hand to be grievous in nature and the injury on his
3/4 head to be simple in nature. He further submits that the petitioner and other co-accused brutally assaulted the informant and the other persons and all the other persons present there sustained injuries.
6. The Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that the injuries suffered by the informant were found to be grievous in nature.
7. Having considered the rival submissions and after going through the records, it appears that the petitioner has also lodged Karai Parsurai P.S. Case No. 12 of 2026 and the present case is a counter blast of the said case. Further the injury suffered by the injured Mitranjan Kumar alias Mitranajn Prasad on his head was found to be simple in nature and the injury sustained by him on his left hand was found to be grievous in nature and that is not the vital part of the body. Further the petitioner has got a clean antecedent and there is free fight between parties, in which, both sides suffered injuries.
7. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the
4/4 like amount each to the satisfaction of learned ACJM-I, Hilsa, Nalanda in connection with Karai Parsurai P.S. Case No. 13 of 2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition: (I) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the Court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J) A.K.V.//- U T