Jitendra kumar @ Jitendra Ray @ Jitendra Rfay Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Jitendra kumar @ Jitendra Ray @ Jitendra Rfay Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to all four petitioners in connection with Kudhani P.S. Case No. 234 of 2024, effective upon their arrest or surrender before the learned trial court within six weeks, on bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482 (2) of the BNSS.

Issue for consideration

Whether the petitioners, who apprehend arrest in Kudhani P.S. Case No. 234 of 2024 registered for offences punishable under multiple sections of the Bharatiya Nyaya Sanhita, are entitled to anticipatory bail.

Court's answer

In the event of their arrest or surrender before the learned trial court within a period of six weeks from the date of the order, the petitioners above-named are to be released on anticipatory bail.

Ratio / Principle

Such release is conditioned on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 482 (2) of the BNSS.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Four members of a family (petitioner Nos. 1 & 2 stated to be cousin brothers of the informant's husband; Nos. 3 & 4 his sister-in-law (bhabhi) and aunt (chachi)) sought pre-arrest bail in Kudhani P.S. Case No. 234 of 2024, Thana Kudhni, District Muzaffarpur, registered for offences punishable under Sections 115(2), 117(2), 109, 74, 303(2), 329(3), 329(4), 324(4), 324(5), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. Per counsel's reading of the FIR, the case arises from a land dispute in which Mithilesh allegedly assaulted the informant's mother-in-law and her husband (Kundan), causing a hand fracture opined grievous by the doctor; the allegations against the petitioners were characterised as general and omnibus. The State (through learned A.P.P.) opposed the prayer. HELD (Satyavrat Verma, J, 13-08-2025): the petitioners, on arrest or surrender before the learned trial court within six weeks, to be released on anticipatory bail on bail bonds of Rs. 5,000/- each with two sureties of the like amount each, subject to the conditions laid down under Section 482 (2) of the BNSS.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29833 of 2025

Arising Out of PS. Case No.-234 Year-2024 Thana- KUDHNI District- Muzaffarpur

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Jitendra kumar @ Jitendra Ray @ Jitendra Rfay S/o Mithlesh Ray @ Mithilesh Ray R/o vill - Basauli, P.S.- Kudhani, Distt.- Muzaffarpur

Bharat Kumar S/o Mithlesh Ray @ Mithilesh Ray R/o vill - Basauli, P.S.Kudhani, Distt.- Muzaffarpur

Puja Devi @ Puja Kumari W/o Jitendra Kumar @ Jitendra Ray R/o vill - Basauli, P.S.- Kudhani, Distt.- Muzaffarpur

Mahindri Devi W/o Mithilesh Ray @ Mithlesh Ray R/o vill - Basauli, P.S.Kudhani, Distt.- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr.Shambhoo Kumar Suman For the Opposite Party/s : Mr.Sanjay Kumar Tiwary

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 13-08-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 115(2), 117(2), 109, 74, 303(2), 329(3), 329(4), 324(4), 324(5), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita.

3. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that on account of dispute relating to land, it is alleged that Mithilesh assaulted the mother-in-law of the informant and her husband

Patna High Court CR. MISC. No.29833 of 2025(3) dt.13-08-2025 2/2

(Kundan) causing fracture of hand, which has been opined to be grievous in nature by the doctor, but then as far as these petitioners are concerned, the allegation against them is general and omnibus in nature. It is also submitted that informant and the petitioner are related; and petitioner Nos. 1 & 2 is cousin brother of the husband of the informant, while petitioner No. 3 & 4 are sister-in-law ( bhabhi ) and aunt ( chachi ) of the husband of the informant.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kudhani P.S. Case No. 234 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J)

Sumit/-

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