Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50717 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- PANDARAK District- Patna ====================================================== 1.
Jitendra Kumar S/o- Sharwan Paswan Village - Mamarkhabad English, PSPandarak, District -Patna 2.
Sharwan Paswan S/o- Saryug Paswan Village - Mamarkhabad English, PSPandarak, District -Patna 3.
Somari Devi @ Samari Devi W/o- Sharwan Paswan Village - Mamarkhabad English, PS- Pandarak, District -Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Kumar For the Opposite Party/s :
Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 11-08-2025 Heard the parties.
2. The petitioners apprehend their arrest in connection with Pandarak P.S. Case No. 12 of 2025, registered for the offences punishable under Sections 329(3),126(2),115(2),109,352,351(2),3(5) of BNS, 2023.
3. On the fateful day, allegedly while the son of the informant was talking on mobile, in the meanwhile, all the FIR named accused persons, including the petitioners, came there and started assaulting him. It is further alleged the co-accused Laxmi Devi assaulted over the head of the informant's husband by means of iron rod due to which he sustained serious injury.
Patna High Court CR. MISC. No.50717 of 2025(2) dt.11-08-2025 2/3 When the informant's son and daughter came to his rescue, they were also assaults by sharp weapon and bricks due to which they also sustained injury. The petitioners further assaulted all the family members of the informant.
4. Learned Advocate for the petitioners contended that there is omnibus nature of allegation against all the family members on account of long standing dispute. There is counter version of the present case instituted by the petitioner no. 3 being Pandarak P.S. Case No. 13 of 2025 against the informant and other family members. On instruction, learned Advocate for the petitioners submitted that the injuries which are said to have been sustained to the informant and others, all of them have been found to be simple in nature. The petitioners are persons of fair antecedent and they undertake that they will fully cooperate in the investigation and the proceeding of the court.
5. On the other hand, learned Advocate for the State vehemently opposes the bail application and submits that the petitioners have actively participated in the crime.
6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of the factum of case and counter case, coupled with the simple nature of injury, as also the fair antecedent of the petitioners, let
Patna High Court CR. MISC. No.50717 of 2025(2) dt.11-08-2025 3/3 the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateI, Barh, Patna in connection with Pandarak P.S. Case No. 12 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Anjani/- U T