Jitendra Yadav @ JitoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14797 of 2026
                       Arising Out of PS. Case No.-534 Year-2025 Thana- GRIYAK District- Nalanda
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           1.     Jitendra Yadav @ Jito S/o Rupa Yadav @ Roopa Yadav R/O Village -
                  Nichali Bazar Giriyak,P.S - Giriyak, District - Nalanda
           2.    Ajay Yadav @ Aajo S/o Rupa Yadav @ Roopa Yadav R/O Village - Nichali
                 Bazar Giriyak,P.S - Giriyak, District - Nalanda

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar, Adv.
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
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                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

5   17-06-2026                     Heard learned Advocate for the petitioners and

                   learned Advocate for the State.

                                2. At the outset, learned Advocate for the petitioners

                   filed a supplementary affidavit bringing on record the correct

                   position with regard to the criminal antecedent of the

                   petitioners, which is kept on record.

                                3. The petitioners apprehend their arrest in connection

                   with Giriyak P.S. Case No.534 of 2025 registered for the

                   offences punishable under Sections 189(4), 189(5), 190, 191(3),

                   109, 111 of the BNS, 2023 and Sections 25(1-b)a, 26, 27 and 35

                   of the Arms Act.

                                4. The informant, who happens to be the S.H.O. of
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          Giriyak Police Station, recorded his self-statement alleging

          therein that on the date and time of occurrence, the petitioners,

          along with two named accused persons and 10 to 12 unknown

          persons, variously armed, had scaled over the house of one

          Avinash Kumar and indulged in brick-batting as also resorted to

          firing. Acting upon the said information, the police party raided

          the place of occurrence. However, on noticing the arrival of the

          police, about 12 to 14 persons present there managed to flee

          away. Three persons, however, were apprehended at the spot.

          Certain incriminating articles, including one live cartridge each,

          were allegedly recovered from their possession. The local

          Chowkidar is stated to have identified the petitioners amongst

          those who succeeded in fleeing from the place of occurrence.

                       5. Learned Advocate for the petitioner, taking this

          Court through the FIR, submitted that surprisingly the person

          upon whose house the petitioners along with other accused

          persons scaled over and pelted stones, has neither lodged any

          complaint nor come forward with any allegation against the

          petitioners. Only on account of the fact that these petitioners are

          facing criminal antecedents, most of which pertain to offences

          under the Excise Act, their names have been implicated in the

          present case without any cogent material. The identification of
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          the petitioners by the Chowkidar, also appears to be doubtful

          and mala fide. Nothing incriminating has been recovered from

          the whereabouts of the petitioners. During the course of

          investigation, save and except the police party, none of the

          independent witnesses have supported the prosecution case.

          petitioner no. 1 is stated to be facing eight criminal cases,

          whereas petitioner no. 2 is stated to be facing ten criminal cases.

                       6. On the other hand, learned Advocate for the State

          vehemently opposed the prayer for anticipatory bail and

          submitted that in view of the criminal antecedents of the

          petitioners, who are facing eight and ten criminal cases

          respectively, they do not deserve the privilege of anticipatory

          bail.

                       7. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the fact that there is no specific accusation against the

          petitioners and the person who is really aggrieved, namely

          Avinash Kumar, his statement has not even been recorded by the

          police, and mere criminal antecedent of a person cannot be the

          sole ground to reject anticipatory bail in the absence of any

          other compelling circumstance brought on record by the

          prosecution, let the above named petitioners, be released on bail,
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                        in the event of their arrest or surrender before the learned Court

                        below within a period of four weeks from today, on furnishing

                        bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

                        of the like amount each to the satisfaction of learned Chief

                        Judicial Magistrate, Nalanda at Bihar Sharif in connection with

                        Giriyak P.S. Case No.534 of 2025, subject to the condition as

                        laid down under Section 482(2) of the BNSS, with further

                        following conditions:

                                     (i) One of the bailors shall be the own/close family

                        members of the petitioners.

                                     (ii) In the event any credible and incriminating

                        material is unearthed against the petitioners during further

                        investigation, the police shall be at liberty to seek cancellation

                        of the privilege of bail granted to them by filing an appropriate

                        application before the competent court.



                                                    (Harish Kumar, J)
rohit/-

U         T