Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58529 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- PARASBIGHA District- Jehanabad ====================================================== Jitendra Kumar S/o Tejan Yadav @ Tejan Kumar R/o Village- Mustichak, P.S.- Paras Bigha, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Neeraj, Advocate For the Opposite Party/s :
Ms.Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Parasbigha P.S. Case No. 183 of 2024 registered for the offences under Sections 191(2)/ 190/ 126(2)/ 115(2)/ 118(1)/ 109/ 303(2)/ 329(4)/ 74 of the B.N.S.
3. As per the prosecution case, the informant has alleged that twelve named accused persons variously armed assaulted the informant and others. It has been specifically assailed that the petitioner has assaulted one Deepak Kumar by hitting him on his fore-head.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that there is case and counter
Patna High Court CR. MISC. No.58529 of 2025(2) dt.29-08-2025 2/3 case between the parties. It is next submitted that admittedly there is a land dispute between the parties for which a title suit is also pending. It is further submitted that from perusal of the injury report as contained in Annexure 'P/2', it would be evident that the injuries caused by the petitioner are simple in nature. It is lastly submitted that the petitioner has two criminal antecedents against his name and he is on bail in both the cases.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Parasbigha P.S. Case No. 183 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.58529 of 2025(2) dt.29-08-2025 3/3 close relative.
(ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step 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.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T