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Patna High Court

Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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