Patna High Court
Jitu Kumar @ Jeetu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Jitu Kumar, sought anticipatory bail fearing arrest in a case registered under Section 137(2) of the Bihar Narcotic Substances Act, 2023, alleging his involvement in the kidnapping of a 17‑year‑old girl. He claimed a clean record and asserted that the informant, who initially implicated him, later withdrew her statement under Section 183 of the BNSS, thereby not supporting the prosecution. The petitioner argued that the allegations were false and that, if granted bail, he would cooperate with the investigation rather than abscond. The State opposed the bail application. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482(2) BNSS in a case of alleged kidnapping under Section 137(2) BNSS.
- Whether the withdrawal of the victim's statement under Section 183 BNSS negates the prosecution's case.
Legislation cited
- Bihar Narcotic Substances Act — s. 137(2)
- Bihar Narcotic Substances (Special) Act — s. 183, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- false implication
- Section 137
- Section 438
- Section 482
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18239 of 2026
Arising Out of PS. Case No.-297 Year-2024 Thana- UJIYARPUR District- Samastipur
======================================================
Jitu Kumar @ Jeetu Kumar S/O Akhilesh Sahni @ Akhilash Sahni Resident
of village- Buchoule/ Dulaur, P.S.- Jandaha, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Bharat Lal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 14-05-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 137(2) of the
BNS, 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and the informant
alleges that petitioner along with named accused persons
kidnapped her minor daughter aged about 17 years.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that petitioner and the
informant were known to each other and the victim has come
back and her statement was recorded under Section 183 BNSS
wherein she has not supported the case of the prosecution. It is
Patna High Court CR. MISC. No.18239 of 2026(2) dt.14-05-2026
2/2
next submitted that even presuming what has been alleged is
true without admitting then the victim had reached the age of
discretion. It is also submitted that if the privilege of
anticipatory bail is granted to the petitioner, the petitioner will
not abscond rather will cooperate in the investigation to prove
his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Trial Court where the case is pending/Successor
Court in connection with Ujiarpur P.S. Case No. 297 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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