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Patna High Court

Arun Kumar @ Jitu Yadav @ Jitu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond of Rs 10,000 and specific conditions.

Summary

Arun Kumar was arrested on 16 January 2026 in connection with a case alleging that he struck the father of an informant on the head, causing injury. He faced charges under several IPC sections (126, 115(2), 118(1), 109(1), 352, 351(1)) and sections 3 and 5 of the Bihar Narcotic Substances Act, 2023. The petitioner claimed he was falsely implicated, acted without intent to kill, and that the incident arose from a petty dispute. The State opposed bail, citing the specific allegations and the petitioner’s other pending cases, though noting he was already on bail in those matters. The Patna High Court, after considering the circumstances, granted bail on a Rs 10,000 bond with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences alleged.
  • Whether the petitioner’s prior criminal cases and alleged involvement in the present incident warrant denial of bail.
  • Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation and prevent tampering with evidence.

Legislation cited

Subjects

  • bail
  • assault
  • Indian Penal Code
  • Bihar Narcotic Substances Act
  • high court
  • conditions of bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19400 of 2026
                     Arising Out of PS. Case No.-47 Year-2025 Thana- PARWALPUR District- Nalanda
                 ======================================================
                 Arun Kumar @ Jitu Yadav @ Jitu Kumar Son of Amirak Yadav Resident of
                 Village- Ladhuari, P.S.- Parwalpur, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Manoj Kumar, Advocate
                 For the State           :       Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                     Heard Mr. Manoj Kumar, learned counsel for the

                   petitioner and Mr. Lalan Kumar, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   16.01.2026, in connection with Parwalpur P.S. Case No. 47 of

                   2025, F.I.R. dated 30.03.2025               registered for the offences

                   punishable under Sections 126, 115(2), 118(1), 109(1), 352,

                   351(1), 3/5 of the B.N.S., 2023.

                                 3. Allegation against the petitioner is that he gave

                   farsha blow on the head of the father of the informant due to

                   which he sustained head injury.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that it appears from the F.I.R.

                   that due to some petty dispute the present occurrence had taken
Patna High Court CR. MISC. No.19400 of 2026(2) dt.31-03-2026
                                            2/3




          place and there is case and counter case between the parties.

          Although there is specific allegation against the petitioner is that

          he gave farsha blow on the head of the father of the informant.

          Learned counsel for the petitioner submits that there was no

          intention to kill anyone and due to spur of moment the present

          occurrence had taken place and the petitioner is in custody since

          16.01.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for              bail of the

          petitioner and submits that there is direct and specific allegation

          against the petitioner and apart from aforesaid the petitioner

          carries two more cases other than the present one but fairly

          submits on the basis of paragraph-3 of the bail petition that the

          petitioner is on bail in the pending matters.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     Judicial Magistrate, 1st Class, V, Hilsa, Nalanda in

          connection with Parwalpur P.S. Case No. 47 of 2025, subject to

          the following conditions :-

                       (1) Petitioner shall co-operate in the trial and shall be
               Patna High Court CR. MISC. No.19400 of 2026(2) dt.31-03-2026
                                                           3/3




                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         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)
Ibrar//-

U          T


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