Jitendra Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Jitendra Sharma Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be enlarged on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where Makhdumpur P.S. Case No. 66 of 2025 is pending (or successor court), subject to the condition laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is apprehending arrest in a case registered under Sections 126(2), 115(2), 110, 303(2), 117(2), 351(2) of the B.N.S. (Makhdumpur P.S. Case No. 66 of 2025), notwithstanding the State's opposition.

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 enlarged on bail on furnishing a bail bond of Rs.10,000/- 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 Makhdumpur P.S. Case No. 66 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

Ratio / Principle

The Court granted anticipatory bail taking into consideration the facts and circumstances, namely that there are general and omnibus allegations of assault causing simple injury, and that there is a case and counter case between the parties on a petty dispute.

Detailed headnote1 paragraphs

Patna High Court (Soni Shrivastava, J.), Criminal Miscellaneous No.62672 of 2025, decided 15-09-2025 (oral order): Anticipatory bail granted to Jitendra Sharma apprehending arrest in Makhdumpur P.S. Case No. 66 of 2025 (Thana Makhdumpur, District Jehanabad), registered for offences punishable under Sections 126(2), 115(2), 110, 303(2), 117(2), 351(2) of the B.N.S., arising from a dispute regarding construction of a drainage in which the petitioner, along with his wife and daughter, allegedly pelted stones and the informant suffered a head injury from a blow by the spade of the informant himself. Taking into consideration the facts and circumstances — general and omnibus allegations of assault causing simple injury, and the existence of a case and counter case between the parties on a petty dispute (counsel pointing out that the petitioner's own Makhdumpur P.S. Case No. 65 of 2025 is earlier in point of time, and that the injury report, Annexure-2, shows all injuries simple in nature caused by hard and blunt substances) — the Court directed that on arrest or surrender within four weeks the petitioner be enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, subject to the condition laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62672 of 2025

Arising Out of PS. Case No.-66 Year-2025 Thana- MAKHDUMPUR District- Jehanabad

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Jitendra Sharma son of Lal Deo Sharma @ Lal Mohan Sharma R/o VillSumera, Ps- Tehta (Op), Distt.- Jehanabad. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr.Amresh Kumar Sinha For the Opposite Party/s : Mr.Bhanu Pratap Singh ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 15-09-2025

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 110, 303(2), 117(2), 351(2) of the B.N.S.

Allegation in the first information report is that on account of a dispute with regard to some construction of the drainage, the petitioner along with his wife and daughter started pelting stones and upon protest being raised, a blow was given by the spade of the informant himself on his head causing injury.

Learned counsel for the petitioner submits that a perusal of the First Information Report itself would show that there was a dispute with regard to the drainage and there is a case and counter case on both the sides and the case filed on behalf of the petitioner being Makhdumpur P.S. Case No. 65 of 2025 is earlier in point of time. The injury report, which is

Patna High Court CR. MISC. No.62672 of 2025(2) dt.15-09-2025 2/2

Annexure-2 to the petition, indicates that all the injuries are simple in nature caused by hard and blunt substances. Thus, the allegation of assault by means of spade also gets falsified by the said injury report

Learned APP for the State has opposed the application for anticipatory bail.

Taking into consideration the facts and circumstances and also considering that there are general and omnibus allegation of assault causing simple injury, case and counter case between the parties on a petty dispute, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/(Rupees 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 Makhdumpur P.S. Case No. 66 of 2025, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.

(Soni Shrivastava, J)