Patna High Court
Jitu Bind @ Jitendra BindversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted as the allegations were serious and a prima facie case existed.
Summary
Jitu Bind was charged with assault and firing a weapon that injured the informant's father, under multiple sections of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST Act. He applied for bail, claiming innocence and false implication, and has been in custody since August 2025. The State opposed bail. The Patna High Court examined the nature and gravity of the offences, noting serious allegations and a prima facie case, and concluded that bail could not be granted. The court rejected the bail petition, emphasizing that its observations were limited to the bail application and not a determination on the merits of the case. Consequently, the appellant remains in custody.
Issues considered
- Whether the appellant is entitled to bail despite the serious allegations of assault and use of a firearm causing injury.
- Whether the presence of a prima facie case and the gravity of the offences justify denial of bail under the applicable statutes.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 125(a), 125(b), 126(2), 190, 191(2), 191(3), 351(2), 352
- SC/ST Act — s. 3(1)(r)(s), 3(2)(v)
Subjects
- bail
- assault
- firearm injury
- prima facie case
- gravity of offence
- SC/ST Act
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.702 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- RAHUI District- Nalanda
======================================================
Jitu Bind @ Jitendra Bind Son of Ram Briksh Bind Resident of village-
Husainpur, Ps- Rahui, Dist- Nalanda
... ... Appellant/s
Versus
1. The State of Bihar
2. Karan Kumar Son of Ajay Paswan Resident of village- Masiadih, Ps- Bind,
Dist- Nalanda
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Rana Baljit Singh
For the Respondent/s : Mr. Usha Kumari 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-04-2026 Heard learned counsel for the appellant and learned
Special Public Prosecutor for the State.
2. The present appeal has been preferred against the
order dated 12.01.2026 passed by the learned Additional
Sessions Judge-VI-cum-Special Judge, SC/ST Act, Bihar Sharif,
Nalanda, in connection with Rahui P.S. Case No. 465 of 2025,
registered for the offences punishable under Sections 190,
191(2), 191(3), 126(2), 115(2), 125(a), 125(b), 352, 351(2), and
109(1) of the Bharatiya Nyaya Sanhita, 2023, and Section 27 of
the Arms Act, and Sections 3(1)(r)(s) and 3(2)(v) of the SC/ST
Act, whereby the prayer for bail of the appellant was rejected.
3. As per the prosecution case, the appellant is said to
Patna High Court CR. APP (SJ) No.702 of 2026(3) dt.23-04-2026
2/2
have assaulted the victim and fired upon the victim which hit
the father of the informant causing gunshot injury.
4. Learned counsel for the appellant submits that the
appellant is innocent and has been falsely implicated in this
case. It is further submitted that the appellant is in custody since
05.08.2025.
5. Learned Special Public Prosecutor for the State has
opposed the prayer for bail.
6. Considering the nature and gravity of the offence,
and the materials available on record, this Court finds that there
are serious allegations against the appellant including assault
and use of a firearm resulting in gunshot injury to the father of
the informant, and therefore, this Court is not inclined to grant
bail to the appellant. Accordingly, the prayer for bail of the
appellant is hereby rejected.
7. It is made clear that the observations made herein
are prima facie in nature and confined only to the adjudication
of the present appeal for bail and shall not be construed as an
expression on the merits of the case.
(Sandeep Kumar, J)
Shishir/-
U T
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