Jyotish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Jyotish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on arrest/surrender before the learned court below within four weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-Ist Class, Nawada, in connection with Kauwakol P.S. Case No. 94 of 2025, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Kauwakol P.S. Case No. 94 of 2025 (offences under Bhartiya Nyay Sanhita, 2023), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the learned court below within four weeks, the petitioner is to be released on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-Ist Class, Nawada, in connection with Kauwakol P.S. Case No. 94 of 2025.

Ratio / Principle

The release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Nawneet Kumar Pandey, J, 05-12-2025) — Petitioner Jyotish Kumar apprehended arrest in Kauwakol P.S. Case No. 94 of 2025, District Nawada, registered under Sections 126(2), 115(2), 109, 303(2), 117(3), 118(2), 352, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023, for the alleged specific act of inflicting a sword blow on the head of Satyendra Kumar during an assault by named accused armed with lathi, khanti, iron rod and knife on the informant after the latter won a PACCS election. Senior counsel pointed out that the initial injury report was simple (hard and blunt substance) and only a supplementary injury report, based on three X-ray reports (forearm, right hand, left forearm), opined the injuries grievous, and that co-accused had been granted anticipatory bail on similar footing; the informant and the State opposed. Considering the facts and circumstances, the Court directed release on arrest/surrender within four weeks on bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Nawada, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39521 of 2025

Arising Out of PS. Case No.-94 Year-2025 Thana- KAUWAKOL District- Nawada

======================================================

Jyotish Kumar S/O Kailash Saw @ Kailash Nath Sahu R/O Village- Mannpur, Tola- Ammatari, P.S- Kaowakol, Distt -Nawada.

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Indradeo Prasad For the Opposite Party/s : Mr.Surendra Prasad Singh ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 05-12-2025

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Kauwakol P.S. Case No. 94 of 2025 registered under Sections 126(2), 115(2), 109, 303(2), 117(3), 118(2), 352, 351(3), 3(5) of Bhartiya Nyay Sanhita, 2023.

According to allegation, the FIR named accused persons equipped with Lathi, Khanti, iron rod, knife started opposing the informant after uttering that the informant has won the election of PACCS and he could not be saved and in consequence thereof, the accused persons started assaulting the informant, as a result of which, he sustained injuries. The specific allegation against the petitioner is of inflicting sword

Patna High Court CR. MISC. No.39521 of 2025(4) dt.05-12-2025 2/3

blow on the head of Satyendra Kumar.

Learned Senior Counsel for the petitioner has submitted that initially, the injury report of Satyendra Kumar was found to be simple in nature, caused by hard and blunt substance but after radiological report, supplementary injury report was submitted and in that report, the injuries were said to be grievous. Learned counsel has submitted that the supplementary injury report shows that on the basis of three X- ray reports, the injuries were found to be grievous. Those three X-ray reports are of the forearm, right hand and left forearm. The injuries mentioned in the supplementary injury report are not attributed to the present petitioner. Learned counsel has also submitted that on similar footing, the other co-accused persons have been granted anticipatory bail.

On the other hand, learned counsel for the informant as well as the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of four weeks, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class,

Patna High Court CR. MISC. No.39521 of 2025(4) dt.05-12-2025 3/3

Nawada in connection with Kauwakol P.S. Case No. 94 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of BNSS, 2023.

(Nawneet Kumar Pandey, J)

A.K.V.//- U T