Patna High Court
Jitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court denied anticipatory bail, holding that the seriousness of the charge and the specific allegations preclude the grant of bail.
Summary
The petitioner, Jitesh Kumar, applied for anticipatory bail after being named in an FIR for the murder of an informant's husband, alleged to have been committed under Sections 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case, based on the informant’s report, states that the petitioner, along with co‑accused, fired upon the victim on the direction of another accused, resulting in death. The petitioner contended that he was falsely implicated due to a land dispute and asserted a clean record. The State opposed the bail, emphasizing the specific accusation, the seriousness of the offence, and the petitioner’s alleged role as an assailant. The Court, after considering the gravity of the charge and the direct nature of the allegations, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under CrPC Section 438 given the specific accusations and seriousness of the offence.
Legislation cited
Subjects
- anticipatory bail
- murder
- Arms Act
- Criminal Procedure Code
- bail denial
- land dispute motive
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27385 of 2026
Arising Out of PS. Case No.-199 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
Jitesh Kumar S/o Opendra Singh @ Upendra Kumar R/o vill - Karai Parsurai,
P.S.- Karai Parsurai, Distt.- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ashok Kumar Kashyap, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard Mr. Ashok Kumar Kashyap, learned counsel
appearing on behalf of the petitioner and Mr. Umeshanand
Pandit, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 103(1) and
61(2) of the B.N.S. and Section 27 of the Arms Act.
3. The prosecution case, in brief, as per written report
of the informant, namely Sanju Devi, is that on 05.06.2025 at
about 5:30 PM, when her husband was standing on the road, in
the meantime, all the F.I.R. named accused persons, including
this petitioner, armed with deadly weapons, started abusing him.
It is further alleged that on the direction of co-accused Lakhan
Singh, this petitioner and co-accused Rahul Kumar fired upon
husband of informant due to which he died on the spot.
Patna High Court CR. MISC. No.27385 of 2026(2) dt.11-05-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case due to pre-existing land dispute between the parties.
Petitioner claims clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that petitioner is named in the F.I.R.
and there is specific accusation that he, along with co-accused
Rahul Kumar, fired upon husband of informant due to which he
died on the spot.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and fact that petitioner is one of the assailant of the deceased,
the prayer for grant of anticipatory bail to the petitioner is
rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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