Patna High Court
Jitan Rai @ Jitan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions of family surety and regular court attendance.
Summary
The petitioner, Jitan Rai, was charged under Sections 190, 191(2), 191(3), 109 of the Indian Penal Code and Section 27 of the Arms Act for alleged indiscriminate firing that injured an informant. The FIR named seven accused, but only Vinay Kumar and his mother were described as armed; the petitioner was alleged only to have incited them. He had been in custody since 16‑03‑2026 and a charge‑sheet was filed. The State opposed bail citing the petitioner’s antecedents, while the petitioner’s counsel highlighted the lack of direct allegation of firing against him and his prior bail in related cases. The Court, after considering the facts, granted bail on a Rs.10,000 bond with two sureties and conditions of family surety and regular court attendance.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of incitement to fire and alleged antecedents
- Whether the petitioner’s alleged role, limited to incitement and not actual firing, warrants bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 109, 190, 191(2), 191(3)
Subjects
- bail
- Indian Penal Code
- Arms Act
- incitement
- antecedent
- court attendance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36364 of 2026
Arising Out of PS. Case No.-450 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Jitan Rai @ Jitan Yadav S/o Late Shivjee Ray R/o Village- Damodarpur,
Pathan Toli, P.S - Kanti, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Surendra Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 191(2), 191(3), 190 and
109 of B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, it is alleged that the
petitioner along with other co-accused persons have made
indiscriminate firing due to which informant sustained injury.
4. Learned counsel for the petitioner submits that
the First Information Report was lodged against seven persons
and the F.I.R itself makes it clear that it was one Vinay Kumar
and his mother who were armed with pistol, whereas, so far as
the petitioner Jitan Rai is concerned, there is no allegation
against him that he was armed with pistol rather the F.I.R.
Patna High Court CR. MISC. No.36364 of 2026(2) dt.10-06-2026
2/3
indicates that the other accused persons including the petitioner
were inciting the co-accused Vinay Kumar and his mother to
use the weapon and the allegation of indiscriminate firing has
been made upon the said Vinay Kumar and his mother on
account of which the informant received one injury. The
petitioner is in custody since 16.03.2026 and charge-sheet has
been submitted.
5. Learned APP for the State however, opposes the
grant of bail on the ground that the petitioner has some
antecedent, however, in response it has been submitted that the
petitioner has been granted bail in the said cases.
6. Taking into consideration the facts and
circumstances and also considering the fact that the allegation
against the petitioner is not that of resorting to fire, as such, let
the above named petitioner, be released on bail on furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, Muzaffarpur/concerned
Court below in connection with Ahiyapur P.S. Case No. 450 of
2026 subject to condition that:-
(i) One of the bailors shall be a family
member/close relative.
Patna High Court CR. MISC. No.36364 of 2026(2) dt.10-06-2026
3/3
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
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