In Jitendra Kumar Rai & Anr. vs. The State of Bihar (2026), Supreme Court's Division Bench of Justices J.B.Pardiwala and Vijay Bishnoi passed a 3-page long order dated April 20, 2026, wherein, it allowed the exemption applications. The Court observed:"8. It is very unfortunate that the FIR of 2024 is still under investigation. 9. Post this matter after two weeks. 10. On the next date of hearing, the learned counsel appearing for the State shall inform us how well the petitioners have cooperated in the investigation. 11. Interim order earlier granted to continue."
On February 10, 2026, the Court had passed the following order: “Delay condoned. Learned counsel for the petitioners submitted that there was some dispute between the neighbours in which both sides sustained injuries. Issue notice to the respondents returnable on 20.04.2026. Mr. Manish Kumar, learned Advocate-on-Record accepts notice on behalf of the respondent/State. In the meantime, in the event of arrest, the petitioners shall be released on bail on furnishing bail bonds to the satisfaction of the Arresting Officer in connection with FIR bearing Case No. 66 of 2024 dated 23.09.2024 registered at Police Station Benibad, District Muzaffarpur. Needless to add that the petitioners shall cooperate with the investigation.”
The counsel appearing for the petitioners submitted that they were not called by the investigating officer. She submitted that they are ready and willing to appear before the investigating officer on any day as may be directed for the purpose of recording of their statements and interrogation.
The Court's order reads: "6. We direct the petitioners to appear before the investigating officer on 23rd April, 2026 without fail. 7. On that date, the investigating officer shall record the statements and interrogate the petitioners."The counsel appearing for the State had submitted that "the petitioners have not appeared before the investigating officer for the purpose of their interrogation."
The case arose out of a 4-page long order dated September 1, 2025 in Phulo Devi & Ors.vs. The State of Bihar (2025) passed by Justice Rajiv Roy of the Patna High Court. The other petitioners were: Jitendra Rai and Kamod Kumar. In the High Court, the counsel for the petitioners were: Late Vaishnavi Singh and Late Ritwik Thakur.
As per the prosecution story, the informant on September 9, 2024, when the sister-in-law, Shama Devi was out to attend nature’s call, the accused persons intercepted and made comments. As she raised alarm, subsequently informed the family members, allegation is that the accused persons armed variously came and after abuse, the assault. Jitendra Rai and Kamod Kumar assaulted with farsa and rod causing injury on the head and the right hand. Phulo Rai and Ranjeet Kumar assaulted Mithilesh Rai with iron rod on the head while Phulo Devi assaulted the mother of the informant causing injury on the back. Phulo Devi also assaulted his mother. Besides this, there was allegation of taking away the amount, they resorted to dial 112 whereafter they were shifted to SKMCH, Muzaffarpur for treatment. The counsel for the petitioner had submitted that there was case and counter case, both being side by side, the accused side had also suffered and subsequent statement before the police during the investigation was of omnibus in nature save and except Jitendra Rai. The petitioners had no criminal antecedent.
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