Jitendra Pandey @ Jitendra Narayan Pandey @ Jitendra Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74901 of 2025 Arising Out of PS. Case No.-194 Year-2025 Thana- BARH District- Patna ====================================================== Jitendra Pandey @ Jitendra Narayan Pandey @ Jitendra Kumar Pandey S/oLate Rajendra Pandey Resident of Village- Ward No 22 PO .PS- Barh District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Deepika Sharma, Advocate Mr. Rajat Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-10-2025 Heard Mrs. Deepika Sharma, along with Mr. Rajat Kumar Tiwary, learned counsels appearing on behalf of the petitioner and Mr. Lalan Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Barh P.S. Case No. 194 of 2025 registered for the offence(s) punishable under Sections 126(2), 115(2), 117(2), 109(1), 303(2), 352 ,351(2), 3(5) of the BNS, which was earlier rejected vide order dated 11.08.2025 passed in Cr. Misc. No.50442 of 2025.
3. As per the allegation made in the FIR, the petitioner along with other accused persons assaulted the informant and his son-in-law causing grievous injury.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.74901 of 2025(2) dt.31-10-2025 2/3 petitioner submitted that the petitioner is innocent and he has falsely been implicated in the present case. There is case and counter case between the parties and in-fact, the petitioner along with infant sustained injury and were treated. The petitioner in his self-defence may have caused some injury on the persons of the informant and his son-in-law. As per the opinion of the Doctor the injury sustained by the informant and his son-in-law is simple in nature. The injury report has been brought on record by way Annexure P/7. The petitioner has clean antecedent. On these grounds the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the FIR and the injury has been found to be simple in nature, though the specific allegation is that the petitioner is the one who had assaulted the informant and his son-in-law, I find that no consideration on merits was made vide order dated 11.08.2025 passed in Cr. Misc. No.50442 of 2025, so far as the present petitioner, who was petitioner no.1 in said bail application, is concerned, the petitioner in his self-defence may have caused some injury on
Patna High Court CR. MISC. No.74901 of 2025(2) dt.31-10-2025 3/3 the persons of the informant and his son-in-law. The petitioner is having clean antecedent. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District Court where the case is pending in connection with Barh P.S. Case No. 194 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force. (Purnendu Singh, J) Ashishsingh/- U T