Patna High Court

Jitendra Kumar SinghversusThe State of Bihar

Decided: 17 June 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail could not be granted to the petitioner.

Summary

The petitioner, Jitendra Kumar Singh, was implicated in a dacoity and murder case (PS Case No.110 of 2025) under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a dacoity was committed at the house of Raj Kumar Sah, resulting in the death of an unidentified person, and that the petitioner participated in the crime and has four prior criminal convictions. The petitioner sought anticipatory bail, claiming innocence and false implication. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s criminal antecedents. After considering the nature and gravity of the accusations and the petitioner’s history, the court refused to grant anticipatory bail, dismissing the application while allowing the petitioner to surrender and apply for regular bail later.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case of alleged dacoity and murder under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103(1)

Subjects

anticipatory bail
dacoity
murder
Section 103
Bharatiya Nyaya Sanhita
criminal antecedents
bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38279 of 2026
                 Arising Out of PS. Case No.-110 Year-2025 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Jitendra Kumar Singh S/o- Late Asharfi Singh Resident of Village -
                 Laskariya, ward no -10, P.S-Jaynagar, Distt.- Madhubani

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Manoj Kumar Pandey, Advocate
                                                 Ms. Kumari Pallavi
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                                                 Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   counsel for the State.

                                 2. The petitioner apprehends arrest in connection with

                   Andhra Thari P.S. Case No. 110 of 2025, registered for the

                   offence punishable under Section 103(1) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                 3. The prosecution case, in brief, is that upon

                   receiving information regarding the commission of dacoity at

                   the house of Raj Kumar Sah in village Sahuriya, the informant

                   reached the place of occurrence and found household articles

                   scattered. The dead body of an unidentified person bearing

                   firearm injuries was also found lying in a nearby field. It is

                   alleged that the said person was killed during the commission of
Patna High Court CR. MISC. No.38279 of 2026(2) dt.17-06-2026
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          the dacoity.

                       4. Learned counsel for the petitioner submits that the

          petitioner is quite innocent and has been falsely implicated in

          the present case.

                       5. Learned APP appearing on behalf of the State, on

          the other hand, opposes the prayer for anticipatory bail and

          submits that the petitioner is specifically alleged to have

          participated in the dacoity and committed the murder. It is

          further submitted that the petitioner has four criminal

          antecedents.

                       6. Having considered the nature and gravity of the

          accusations, the materials available on record and the criminal

          antecedents of the petitioner, this Court is not inclined to extend

          the privilege of anticipatory bail to the petitioner.

                       7. Accordingly, the prayer for anticipatory bail is

          rejected and the application stands dismissed.

                       8. However, the petitioner is at liberty to surrender

          before the court concerned within four weeks from today and

          seek regular bail, if so advised, which shall be considered on its

          own merits in accordance with law.

                       9. It is made clear that the observations made herein

          are confined solely to the adjudication of the present
            Patna High Court CR. MISC. No.38279 of 2026(2) dt.17-06-2026
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                      anticipatory bail application and shall not prejudice the case of

                      either party at any subsequent stage of the proceedings.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T

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