Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court grants bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a case involving theft of a vehicle, a stolen motorcycle, and illegal arms, alleged under Sections 111 and 61(2) of the Bharatiya Nyaya Sanhita and Sections 25(1‑B)(a), 26 and 35 of the Arms Act. He claimed that the vehicle was owned by his brother and that he was falsely implicated, while noting he has four prior criminal cases under the Electricity Act, Excise Act and the IPC. The State opposed his bail application. The Patna High Court, noting the lack of any material recovered directly from the petitioner, decided to grant bail on a bond of Rs.10,000 with two sureties, emphasizing that its observations were prima facie and not to affect the trial. The order released the petitioner on bail pending further proceedings.
Issues considered
- Whether bail should be granted to the petitioner in light of the alleged offences under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bharatiya Nyaya Sanhita — s. 111, 61(2)
- Electricity Act
- Excise Act
- Indian Penal Code
Subjects
- bail
- criminal procedure
- theft
- arms possession
- prior criminal antecedents
- Bharatiya Nyaya Sanhita
- Arms Act
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34342 of 2026
Arising Out of PS. Case No.-136 Year-2026 Thana- ALAMGANJ District- Patna
======================================================
Jitendra Kumar S/O - Late Dilip Yadav R/O Vill - Rikabganj, P.S - Malsalami,
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Adv.
For the Opposite Party/s : Mr. Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through video conferencing.
2. The petitioner seeks bail in connection with
Alamganj P.S. Case No. 136 of 2026 instituted for the offences
under Sections 111/61(2) of the Bharatiya Nyaya Sanhita and
sections 25(1-B)(a), 26 & 35 of the Arms Act.
3. The allegation is that four persons were caught with
a vehicle. Upon sustained interrogation, one of them disclosed
his name as Jitendra Kumar i.e. the present petitioner.
Thereafter, a stolen motorcycle was recovered. Thereafter, on
further confession of accused Badal Kumar, arms were
recovered. From the possession of the petitioner, a smart phone
Patna High Court CR. MISC. No.34342 of 2026(2) dt.20-05-2026
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and Nissan car were recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Counsel states that he is the owner of the vehicle
and it is registered in the name of his brother and the same has
no connection with the crime. Counsel submits that the
petitioner is in custody since 11.02.2026, having four criminal
antecedents, out of which, two cases are registered under
Electricity Act, one case is registered under Excise Act and one
case is registered under I.P.C.
5. Learned A.P.P for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the absence of any recovery from the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner 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 Addl. Chief Judicial
Magistrate-VI, Patna City, in connection with Alamganj P.S.
Case No. 136 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
Patna High Court CR. MISC. No.34342 of 2026(2) dt.20-05-2026
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shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Divyansh/-
U T
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