Patna High Court
Jitendra Bhagat @ Jitu @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The Court held that the petitioner is entitled to regular bail, subject to a monetary bond and specific conditions of appearance and surety.
Summary
The petitioner, Jitendra Bhagat, was arrested in connection with a case registered under Sections 25(1‑b)(a), 26 and 35 of the Arms Act after police recovered 99 live 8 mm cartridges and mobile phones from a vehicle he was driving. He claims innocence, arguing that the evidence against him rests solely on a confessional statement made by a co‑accused, Anil Kumar, and that the seized items were found in a car not owned by him. The petitioner points out that a similarly situated co‑accused has already been granted bail and that he has no prior criminal record, having been in judicial custody since 1 October 2025. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the length of custody, the clean antecedent, and the precedent of bail to the co‑accused, ordered the release of the petitioner on regular bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance at trial and a family member as one bailor.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the Arms Act
- Whether the confessional statement of a co‑accused can justify denial of bail
- Whether the conditions imposed by the Court are appropriate for the grant of bail
Legislation cited
- Arms Act — s. 25(1‑b)(a), 26, 35
Subjects
- regular bail
- Arms Act
- possession of ammunition
- confessional statement
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1196 of 2026
Arising Out of PS. Case No.-79 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Jitendra Bhagat @ Jitu @ Jitendra Kumar Son of Nandu choudhary @ Nandu
Bhagat R/O VILL-BIRPUR, PS-BIRPUR, DIST-SUPAUL
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bhimnagar P.S.
Case No. 79 of 2025 registered for the offences punishable
under Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the F.I.R., the police apprehended the
petitioner and co-accused Anil Kumar and from their
possession mobile phones were recovered whereas 99 live
cartridges of 8 mm ammunition were recovered from the
vehicle driven by the accused persons.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.1196 of 2026(2) dt.15-01-2026
2/3
the present case on the basis of confessional statement of
co-accused made before the police. The alleged recovery of
99 live cartridges of 8 mm including mobile phones were
alleged to have been recovered from the baleno car which
does not belong to the petitioner. Learned counsel further
submits that similarly situated co-accused namely, Anil
Kumar has been granted bail by a Co-ordinate Bench of this
Court vide order dated 23.12.2025 in Cr. Misc. No. 88134
of 2025. Petitioner is in judicial custody since 01.10.2025
and as per para 3 of the bail petition, he has clean
antecedent.
5. Learned A.P.P. appearing on behalf of the State
has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and
considering the period under custody, let the petitioner,
above named, be released on bail on furnishing bail bonds
of Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate, Birpur, Supaul, in connection with
Bhimnagar P.S. Case No. 79 of 2025 subject to the
following conditions :-
Patna High Court CR. MISC. No.1196 of 2026(2) dt.15-01-2026
3/3
(i). Petitioner will remain physically present in
trial on each and every date till the disposal of the case
failing which, on two consecutive dates without reasonable
cause, the bail bond of the petitioner may be cancelled by
the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…