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Patna High CourtCR. MISC./46635/2025allowed

Jitendra Singh v. The State Of Bihar

2025-10-17Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46635 of 2025 Arising Out of PS. Case No.-235 Year-2023 Thana- GOPALPUR District- Gopalganj ====================================================== Jitendra Singh, male, aged about 42 years, son of Late Gajadhar Singh Resident of Village- Ahiruali PS -Gopalpur, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Gopalpur PS. Case No. 235 of 2023 dated 20-09-2023, instituted under Sections 341,323, 324, 307, 354, 325, 504, 506 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is of assaulting the informant's brother-in-law, namely Vashisht Kumar on his head with an iron rod with the intention to kill him due to which he got injured and fell on the ground.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.46635 of 2025(3) dt.17-10-2025 2/3 petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that the FIR was lodged five days after the occurrence. There is a case and counter case between the parties. The counter case was filed by the wife of the petitioner for the same occurrence prior to the present case, against the family members of the informant. Further submission is that the allegation against the petitioner is that he assaulted Vashisht Kumar on his head with an iron rod, causing a head injury. However, the injury report reveals that the nature of the injury is simple. Both parties are agnates and there is a dispute between them regarding the dumping of sand on the petitioner's land. Lastly, it is submitted that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Gopalganj, in Gopalpur PS. Case No. 235 of 2023, subject to the conditions laid down in Section 482(2) of the

Patna High Court CR. MISC. No.46635 of 2025(3) dt.17-10-2025 3/3 Bharatiya Nagarik Suraksha Sanhita 2023.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T