Patna High Court

Jitendra Kumar @ Jitendra Poddar @ Biso PoddarversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court held that the nature of the allegations did not warrant the grant of anticipatory bail.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He is alleged to be the order‑giver for a murder. The State opposed the bail, contending the seriousness of the charges. The Court examined whether the nature of the allegations justified anticipatory bail. It concluded that the gravity of the murder allegation and the involvement of the Arms Act made the case unsuitable for such relief. Consequently, the anticipatory bail application was dismissed.

Issues considered

Whether anticipatory bail can be granted to a person alleged to be the order‑giver in a murder case under the Bharatiya Nyaya Sanhita and the Arms Act

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 103(1), 3(5)

Subjects

anticipatory bail
murder
Arms Act
criminal procedure
bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13038 of 2026
                  Arising Out of PS. Case No.-4 Year-2025 Thana- NIMACHANDPURA District- Begusarai
                 ======================================================
                 Jitendra Kumar @ Jitendra Poddar @ Biso Poddar S/o- Late Basudeo Poddar
                 Resident of Village- Khagaria Nala Road, Jay Prakash Nagar, P.S. - Town
                 Khagaria, District - Khagaria.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Rajnish Kumar Singh, Advocate
                 For the State           :       Mr.Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

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

                   A.P.P. for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Neemachandpura P.S. Case No. 04 of 2025 instituted under

                   Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                 3. The petitioner is the order-giver for the murder of

                   the deceased.

                                 4. Considering the nature of allegation, this Court is

                   of the view that it is not a fit case for grant of anticipatory bail

                   to the petitioner.

                                 5. Accordingly, the application stands dismissed.


                                                                     (Sandeep Kumar, J)
P. Kumar
U      T

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