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

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

What the court decided

AI extract

Outcome

Petitioners to be released on bail in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui, in connection with Sikandara P.S. Case No. 373 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioners, who apprehend arrest in Sikandara P.S. Case No. 373 of 2024, are entitled to be released on bail in the event of their arrest or surrender before the learned Court below.

Court's answer

Having regard to the submissions of learned counsel for the respective parties, and considering the factum of case and counter case between the agnate parties, the simple nature of the injuries sustained, the fair antecedent of the petitioners and the pending dispute between the parties, the Court directed that the petitioners be released on bail in the event of their arrest or surrender before the learned Court below within a period of four weeks.

Ratio / Principle

The release is conditioned on furnishing a bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-Ist Class, Jamui, in connection with Sikandara P.S. Case No. 373 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

Detailed headnote1 paragraphs

Anticipatory bail allowed - Patna High Court (Harish Kumar, J), CRL.M.C. No.48788 of 2025, decided 12-11-2025: petitioners Jayram Kumar and Dashrath Kumar, apprehending arrest in Sikandara P.S. Case No. 373 of 2024 (Thana Sikandra, District Jamui) for offences under Sections 126(2), 115(2), 109, 351(2), 352, 329(3), 3(5) of the Bhartiya Nayay Sanhita, 2023, directed to be released on bail in the event of arrest or surrender within four weeks, on bail bond of Rs. 10,000/- each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui, subject to Section 482(2) BNSS. Grounds: parties are agnates bickering over a land dispute with a case and counter case (Sikandara P.S. Case No. 372 of 2024, earlier in point of time); injuries to the informant's side simple in nature per injury report in the case diary; petitioners of fair antecedent undertaking full co-operation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48788 of 2025

Arising Out of PS. Case No.-373 Year-2024 Thana- SIKANDRA DistrictJamui

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

Jayram Kumar S/o Harilal Yadav R/o Village- Charan, P.S.- Sikandra, District- Jamui

Dashrath Kumar S/o Ganga Yadav R/o Village- Charan, P.S.- Sikandra, District- Jamui

... ... Petitioner/s

Versus

The State of Bihar Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Niranjan Parihar, Adv. For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 12-11-2025

Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with Sikandara P.S. Case No. 373 of 2024, registered for the offences punishable under Sections 126(2), 115(2), 109, 351(2), 352, 329(3), 3(5) of the Bhartiya Nayay Sanhita, 2023.

Allegedly, on the fateful day, all the F.I.R. named accused persons including the petitioners barged in to the house of the informant started abusing him and other family members. It is specifically alleged that co-accused, Sudama

Patna High Court CR. MISC. No.48788 of 2025(3) dt.12-11-2025 2/3

Kumar and petitioner No.2 have caught hold the informant and when the son of the informant came to his rescue, they have also assaulted him very badly. The accused persons also assaulted the wife of the informant and others.

Learned Advocate for the petitioners submitted that both the parties are agnates and bickering over a land dispute, which resulted into a case and counter case bearing Sikandara P.S. Case No. 372 of 2024 which is on earlier point of time. So far injuries sustained to the informant and others are concerned, all of them have been found to be simple in nature as is evident from the injury report furnished through the case diary. The petitioners are men of fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court.

On the other hand, learned Advocate for the State, vehemently, opposed the bail application and submits that because of the assault being made by the petitioners, three persons have sustained injuries.

Regard being had to the submissions set forth by the learned Advocate for the respective parties and considering the factum of case and counter case, couple with simple nature of injuries and the fair antecedent of the

Patna High Court CR. MISC. No.48788 of 2025(3) dt.12-11-2025 3/3

petitioners, besides the pending dispute between the parties, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Jamui in connection with Sikandara P.S. Case No. 373 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

(Harish Kumar, J)

brajesh/-

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