Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a Rs. 10,000 bond, two sureties, and surrender within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Jitendra Kumar, sought bail after being implicated in a case under Sections 303(2), 317 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, for the alleged transport of a stolen buffalo in his pickup van. The prosecution alleged that the buffalo was recovered from his vehicle, while the petitioner contended that he had no knowledge or consent and was falsely implicated merely as the owner of the vehicle. The State opposed the bail application. The court examined the facts, the seriousness of the offences, and the petitioner’s claim of innocence, and decided to grant bail on the condition that the petitioner surrenders within eight weeks and furnishes a bail bond of Rs. 10,000 with two sureties, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order reflects the court’s discretion to balance the presumption of innocence with the need to ensure the petitioner’s presence during trial.
Issues considered
- What is the appropriate bail disposition for a petitioner accused under Sections 303(2), 317 and 3(5) of the Bhartiya Nyaya Sanhita, 2023?
- Whether the petitioner’s ownership of the vehicle used to transport the stolen buffalo justifies denial of bail?
- Whether the petitioner is likely to flee or tamper with evidence, warranting refusal of bail?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 303(2), 317, 3(5)
Subjects
- bail
- criminal procedure
- theft
- vehicle ownership
- false implication
- Section 303
- Section 317
- Section 3(5)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30596 of 2026
Arising Out of PS. Case No.-319 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Jitendra Kumar S/O Hans Khalifa @ Hansh Nat R/O Village- Jai Bigha, P.S -
Mehadiya, Distt.- Arwal (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Praveen Kumar
For the Opposite Party/s : Mr.Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-07-2026 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 under Sections 303(2), 317, 3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the stolen buffalo was
recovered from the pick-up van of petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent, has committed no offence and has
been falsely implicated in this case merely because he happens
to be owner of the seized vehicle, from which, stolen buffalo
was being transported. In fact, without knowledge or consent of
petitioner, the accused persons were carrying the stolen buffalo
on the pick-up van of petitioner.
Patna High Court CR. MISC. No.30596 of 2026(3) dt.02-07-2026
2/2
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged 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
C.J.M., Aurangabad, Bihar in connection with Rafiganj P.S.
Case No. 319 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.