Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to conditions under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a shooting incident in which the informant's wife was killed and the informant was injured. The informant identified the petitioner as the shooter, leading to charges under Sections 103, 109 read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner’s counsel argued that he is innocent, has a clean record, and was falsely implicated due to a personal dispute with the informant, also noting that the petitioner was in custody since 10‑09‑2025 and a charge‑sheet has been filed. The State opposed bail, alleging the petitioner intended to kill the informant. The court, considering the doubtful nature of the allegation, the petitioner’s clean antecedent, and the length of custody, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the BNSS. The bail order required the petitioner’s presence at court dates and stipulated cancellation of bail for non‑compliance.
Issues considered
- What is the appropriate bail disposition for an accused under Sections 103, 109 r/w 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act?
- Whether the petitioner’s clean antecedent and the doubtful nature of the allegation justify granting bail despite the seriousness of the offence?
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 480(3)
Subjects
- bail
- criminal procedure
- murder
- arms act
- Bharatiya Nyaya Sanhita
- Section 480
- clean antecedent
- charge sheet
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31892 of 2026
Arising Out of PS. Case No.-326 Year-2024 Thana- CHANDAUTI District- Gaya
======================================================
Jitendra Kumar S/o Rajbali @ Rambali R/o Village - Damuha, P.S- Kako,
District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Chandauti P.S. Case No. 326 of 2024 registered
for the alleged offences under Sections 103, 109 r/w 3(5) of
Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
03. As per prosecution case, while the informant and
his wife had been travelling on his motorcycle, two miscreants
on another motorcycle came and one of them fired a shot which
hit the informant and his wife and the wife of the informant
died. The informant named this petitioner who fired the fatal
shot.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.31892 of 2026(3) dt.01-07-2026
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case. The deceased was having good relationship with the
petitioner and the informant doubted their relationship and for
this reason, the informant was on inimical term with the
petitioner and has made him an accused in the present case.
Learned counsel further submits that it appears the informant
got his wife murdered under a conspiracy and named this
petitioner. Learned counsel further submits that the prosecution
case is not believable against the petitioner that the person
driving the vehicle was wearing a helmet whereas the petitioner
who was already known to the informant had not covered his
face. Learned counsel further submits that the petitioner is in
custody since 10.09.2025 and charge-sheet has been submitted.
The petitioner is having clean antecedent. Learned counsel
lastly submits that the petitioner has joined the trial and would
not delay it in any manner, if enlarged on bail.
05. Learned APP for the State opposes the prayer for
bail. Learned APP submits that during investigation it has come
that the petitioner intended to kill the informant but the shot
proved fatal for the wife of the informant.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
doubtful nature of allegation against the petitioner and further
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considering the period of custody of the petitioner and his clean
antecedent along with submission of charge-sheet, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Chief Judicial
Magistrate, Gaya/court concerned in connection with Chandauti
P.S. Case No. 326 of 2024, subject to the conditions mentioned
in Section 480(3) of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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