Patna High Court
Jitendra Singh @Jitendar Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bond and verification of his criminal antecedents.
Summary
The petitioner, Jitendra Singh, was charged under IPC sections 341, 323, 324, 307, 34 and Arms Act section 27 for allegedly firing at two persons, causing grievous injuries. The petitioner claimed innocence, stating the incident stemmed from a land dispute and that the matter was trivial, while also noting he had only one prior criminal case. The State opposed bail, asserting direct allegations of firing and two prior criminal antecedents. After hearing both sides, the High Court considered the facts, the seriousness of the charges, and the petitioner’s antecedents, and decided to grant regular bail. The court ordered release on a bail bond of Rs.10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents, and warned that bail could be cancelled if more than one prior case is found.
Issues considered
- Whether the petitioner is eligible for regular bail despite being charged with attempt to murder and other serious offences
- Whether the existence of criminal antecedents (one or two) bars the grant of bail
- Whether the underlying land dispute and alleged triviality of the incident affect the bail decision
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 323, 324, 34, 341
Subjects
- regular bail
- IPC
- Arms Act
- attempt to murder
- criminal antecedent
- land dispute
- grievous injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57787 of 2025
Arising Out of PS. Case No.-67 Year-2011 Thana- RASULPUR District- Saran
======================================================
Jitendra Singh @Jitendar Kumar Singh Son of Late Wakil Singh @ Shiv
Janam Singh R/o Village - Badki Ghurapali, P.S. - Rasulpur, District - Saran
at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kunal Singh, Advocate
For the Opposite Party/s : Mr. Nagendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
8 16-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 341, 323,
324, 307 and 34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. The case of the prosecution is that the petitioner has
fired at Surendra Singh which hit on his eye. He has also fired at
Chhotan Singh which hit near his nose.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that from perusal of the
FIR, it is clear that there is land dispute between the parties and
Patna High Court CR. MISC. No.57787 of 2025(8) dt.16-03-2026
2/3
from perusal of the injury report, it will transpire that there is
perforation of left eye and the nature of injury is grievous.
Learned counsel has submitted that the occurrence has been
taken place on trivial issue. Moreover, the petitioner is
languishing in judicial custody since 04.06.2025. It has also
been submitted by learned counsel for the petitioner that he has
filed supplementary affidavit in which it has been stated that
petitioner is having one criminal antecedent.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that there is direct allegation against this petitioner of
firing. Learned APP has stated that petitioner is having two
criminal antecedents.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Rasulpur P.S. Case No. 67 of 2011 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Sessions Judge-IX,
Saran at Chapra with a direction to the learned trial court to
verify the criminal antecedent of the petitioner before
Patna High Court CR. MISC. No.57787 of 2025(8) dt.16-03-2026
3/3
accepting his bail bonds and if it is found that the petitioner
is having criminal antecedent of more than one case except
the present one, his bail bonds shall be cancelled.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…