Patna High Court
Jitendra Kumar Yadav @ JimmiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner on a bond of Rs 10,000 with conditions, as the prosecution failed to produce material evidence beyond the self‑confessional statement.
Summary
The petitioner, Jitendra Kumar Yadav, was arrested on 13 May 2025 in connection with FIR No.14‑07‑2024 relating to alleged firing and possession of a pellet, charged under several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The petitioner argued that his name was not in the FIR and that the only evidence against him was a self‑confessional statement recorded in a separate police case, with no other material linking him to the offence. The State opposed bail, highlighting that the petitioner has nine other criminal cases, eight of which are already on bail. The Court examined whether the limited evidential basis and the petitioner’s criminal antecedent warranted denial of bail. Concluding that the prosecution had not produced sufficient material beyond the self‑confessional statement, the Court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents. The order directs the lower court to release the petitioner on bail subject to these conditions.
Issues considered
- Whether bail should be granted to the petitioner given the nature of the offences and the evidential material (self‑confessional statement) against him.
- Whether the petitioner’s prior criminal cases and antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109, 3(5), 351(2), 352, 61(2)
Subjects
- bail
- self‑confessional statement
- criminal antecedent
- Arms Act
- Bihar Narcotic Substances Act
- high court
- Siwan
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18548 of 2026
Arising Out of PS. Case No.-314 Year-2024 Thana- PANCHRUKHI District- Siwan
======================================================
Jitendra Kumar Yadav @ Jimmi Son of Late Shardanand Choudhary @ Late
Shardanand Yadav Resident of Village- Pakwaliya, P.S.- Hussainganj,
District- Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Chandra, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr.Anil Chandra, learned counsel for the
petitioner and Mr.Arun Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
13.05.2025 in connection with Pachrukhi P.S. Case No. 314 of
2024, F.I.R. dated 14.07.2024 registered for the offence
punishable under Sections 109,352,351(2),61(2),3(5) of BNS,
2023 and Section 27 of the Arms Act.
3. As per FIR, the informant is in full belief that Dr.
Ranjkit Kumar, Subodh Kumar, Dr. Ramanand Ram,
Ashutosh Sharma made firing on the informant by unknown
miscreants by giving them Supari as Ashutosh Kumar was
making recce since one week. Thereafter, the informant went
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to Sadar Hospital from where after primary treatment, he was
admitted in Nilkamal Hospital, Siwan and pellet was found in
the right hand palm.
4. Learned counsel appearing for the petitioner
submits that the petitioner is not named in the FIR. The name
of the petitioner has been transpired during investigation on
the basis of the self-confessional statement of the petitioner
which was recorded in Hussainganj P.S.Case No. 397 of 2024.
Thereafter, the petitioner has been remanded in the present
case on 13.05.2025. Further submits that except the self-
confessional statement of the petitioner, no other cogent
material has come during investigation against the petitioner
to suggest the involvement of the petitioner in the present
occurrence and the police, after investigation, submitted the
chargesheet against the petitioner and the petitioner is in
custody since 13.05.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently
opposed the prayer for bail of the petitioner and submits that
the petitioner carries nine more cases other than the present
one, out of nine cases, the petitioner is on bail in eight cases
and rest one case is pending for consideration before the
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competent court of law, as mentioned in para-13 of the bail
petition.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IX, Siwan in connection with Pachrukhi
P.S. Case No. 314 of 2024, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on his/her absence on two consecutive dates
without sufficient reason, his/her bail bond shall be cancelled
by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
shall verify the criminal antecedent of the petitioner and in
case at any stage, it is found that the petitioner has concealed
his criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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