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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that there is no ground to grant bail and no ground to review the earlier order.

Summary

Jitendra Kumar was charged under Sections 103(1), 238, 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly killing a person with the help of co‑accused. He filed a second bail application after an earlier bail denial. The court noted that three of four witnesses had been examined, but the remaining witness had not appeared for one and a half months, prompting the court to direct the trial judge to take coercive steps to secure the witness’s appearance. Despite the delay, the court found no sufficient ground to grant bail or to revisit its earlier order. Consequently, the bail application was dismissed.

Issues considered

  • Whether bail should be granted in a serious offence involving murder under the Bharatiya Nyaya Sanhita.
  • Whether the non‑appearance of a witness for an extended period justifies granting bail.
  • Whether the earlier bail denial order can be reviewed.

Legislation cited

Subjects

  • bail
  • murder
  • witness non‑appearance
  • trial delay
  • serious offence
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14794 of 2026
                  Arising Out of PS. Case No.-1622 Year-2024 Thana- PHULWARISHARIF District- Patna
                 ======================================================
                 Jitendra Kumar Son of Suresh Chauhan Resident of Village- Bari, P.S.-
                 Tengaraila, Naubatpur, District- Patna, Bihar- 801109

                                                                                     ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Vivekanand Singh, Advocate
                                                     Mr. Abhijeet Gautam
                 For the Opposite Party/s :          Mr. Navin Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-04-2026                   Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                 2. This is the 2nd attempt of the petitioner seeking bail

                   in connection with Phulwarisharif P.S. Case No. 1622 of 2024

                   registered for the offence under Sections 103(1), 238, 61(2),

                   3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                 3. Earlier the bail application of the petitioner was

                   rejected on 16.07.2025 in Cr. Misc. No. 43929 of 2025 which

                   reads as follows:-

                                                               Heard learned counsel for the petitioner
                                              and learned APP for the State.
                                                           2. The petitioner seeks bail in connection
                                              with Phulwarisharif P.S. Case No. 1622 of 2024 registered
                                              for the offence punishable under Sections 103(1), 238,
                                              61(2) and 3(5) of the Bharatiya Nyaya Sanhita.
                                                           3. The petitioner and others are said to have
                                              killed the deceased.
                                                           4. During investigation, it has come that all
            Patna High Court CR. MISC. No.14794 of 2026(2) dt.24-04-2026
                                                        2/2




                                              the accused persons including the petitioner had caught
                                              hold of the deceased and co-accused Vikas Yadav
                                              strangulated him with a wire.
                                                           5. Considering the serious nature of
                                              offence, I am not inclined to grant bail to the petitioner.
                                                           6. Accordingly, the application stands
                                              dismissed.



                                   4. In the trial, out of four witnesses, three witnesses

                      have been examined. Learned counsel for the petitioner submits

                      that for the last one and a half months, no witness has been

                      appearing.

                                   5. In these circumstances, the Trial Judge is directed

                      to take coercive steps to ensure the appearance of the last

                      witness so that the trial is not delayed.

                                   6. This Court finds no ground to review its earlier

                      order. Accordingly, this application for regular bail stands

                      rejected.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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