Patna High Court

Jitendra KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioner, as the allegations were general, there was no eyewitness evidence, and the petitioner had no prior criminal antecedent.

Summary

The petitioner, Jitendra Kumar, applied for bail in a murder case (Sonepur P.S. Case No. 572 of 2024) involving offences under Sections 103, 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with co‑accused, murdered an informant’s son, while the petitioner claimed innocence, stating that the FIR was filed due to family enmity and that no specific allegation or eyewitness evidence was presented against him. The petitioner highlighted that a co‑accused had already been granted bail and that he had no prior criminal record, having been in custody since 2 December 2025. The State opposed the bail, arguing the seriousness of the charges. After considering the lack of direct evidence, the petitioner’s clean record, and the period of custody already served, the Court inclined to grant bail, ordering the petitioner to be released on a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner in a case involving murder and other serious offences under the Bharatiya Nyaya Sanhita, 2023
Whether the absence of specific allegations and eyewitness testimony justifies bail
Whether the petitioner’s clean criminal record and period of custody warrant release on bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 238, 3(5), 61(2)

Subjects

bail
criminal procedure
murder
Bharatiya Nyaya Sanhita
presumption of innocence
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12121 of 2026
                       Arising Out of PS. Case No.-572 Year-2024 Thana- SONEPUR District- Saran
                 ======================================================
                 Jitendra Kumar S/o Shyam Naraya Rai R/o Village- Sabalpur Hastitola, P.S.-
                 Sonpur, Dist.- Saran
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shashi Bhushan Kumar, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sonepur P.S. Case No. 572 of 2024, instituted for the offences

                   punishable under Sections 103, 238, 61(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that, the petitioner

                   along with other co-accused persons committed murder of

                   informant’s son.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case.

                   Learned counsel for the petitioner also submits that the

                   petitioner is named in the FIR and the informant has named all

                   the family members due to previous enmity. It is further
           Patna High Court CR. MISC. No.12121 of 2026(2) dt.23-02-2026
                                                       2/2




                     submitted that neither any specific allegation is levelled against

                     the petitioner nor there is any eye witness to the said occurrence.

                     The allegation levelled against the petitioner is general and

                     omnibus in nature. Learned counsel for the petitioner further

                     submits that other co-accused has been granted bail by this

                     Bench vide order dated 23.07.2025 passed in Cr. Misc.

                     No.22153 of 2025. The petitioner is in custody since 02.12.2025

                     and has got no criminal antecedent.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and taking into account the period of custody

                     undergone by the petitioner, this Court is inclined to grant bail

                     to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Sonepur P.S. Case

                     No. 572 of 2024.


                                           (Rudra Prakash Mishra, J)
manish/-
U      T

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