Patna High Court
Jitendra Singh @ Jitu Singh @ Jitendra Kr. SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Jitendra Singh, sought anticipatory bail fearing arrest in a case registered under Sections 328 and 302 of the IPC. He asserted a clean antecedent and relied on a recent order granting anticipatory bail to Surendra Singh in a similar matter. The State and the informant were unable to rebut his submissions. The Court, after considering the earlier order and the petitioner's assurances, granted anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties and conditions under Section 482(2) of the BNSS, including the possibility of cancellation if he fails to cooperate with the investigation. The order also directed that a copy be sent to the concerned police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s clean antecedent and the precedent of Surendra Singh justify granting bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed on anticipatory bail.
Legislation cited
- Bihar Negotiable Sale and Settlement Act — s. 482(2)
- Indian Penal Code — s. 302, 328
Subjects
- anticipatory bail
- IPC 328
- IPC 302
- Section 482
- clean antecedent
- bail conditions
- non‑cooperation
- trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34848 of 2026
Arising Out of PS. Case No.-254 Year-2018 Thana- KUDHNI District- Muzaffarpur
======================================================
Jitendra Singh @ Jitu Singh @ Jitendra Kr. Singh S/o Ramnandan Singh R/o
Village - Fatehpur Atibal Rajla, P.S - Kudhani, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Prasad Singh, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
For the Informant : Mr. Santosh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 17-06-2026 1. Heard learned counsel for the petitioner, learned
A.P.P. for the State and the learned counsel appearing on behalf
of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 328 and
302 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent.
4. It is next submitted that Surendra Singh along with
Chhotu Kumar had approached this Court seeking anticipatory
bail by filing Criminal Miscellaneous No. 29244 of 2026 and
the same came to be allowed by an order dated 17.06.2026 after
considering the case in detail and on merits. It is further
Patna High Court CR. MISC. No.34848 of 2026(3) dt.17-06-2026
2/3
submitted that the case of the petitioner is akin to Surendra
Singh and another.
5. Learned A.P.P. for the State as well as the learned
counsel appearing on behalf of the informant are not in a
position to rebut the submission of the leaned counsel appearing
on behalf of the petitioner.
6. At this stage, the learned counsel appearing on
behalf of the petitioner submits that if privilege of anticipatory
bail is granted to the petitioner, the petitioner will not abscond
rather will cooperate in the investigation to prove his innocence.
7. After hearing the learned counsel for the parties
and taking into consideration the order dated 17.06.2026 in
Criminal Miscellaneous No. 29244 of 2026, the petitioner
above-named, in the event of his arrest or surrender within a
period of six weeks from today, be released on anticipatory bail
on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five
Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Kudhani P.S. Case
No. 254 of 2018 subject to the conditions as laid down under
Section 482 (2) of the BNSS.
8. However, it is made clear that in the event if the
Patna High Court CR. MISC. No.34848 of 2026(3) dt.17-06-2026
3/3
Investigating Officer of the case files an application before the
learned Trial Court bringing to its notice that petitioner despite
giving assurance to this Court is not co-operating in the
investigation, in that event the learned Trial Court shall be at
liberty to cancel the bail bonds of the petitioners.
9. Let a copy of this order be sent to the concerned
police station through the learned Trial Court.
Accordingly, the instant anticipatory bail
application stands allowed.
(Satyavrat Verma, J)
Rishabh/-
U T
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