Patna High Court

Jitender KumarversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.

Summary

Jitender Kumar applied for bail in a case registered as Bind P.S. Case No. 76 of 2025, alleging kidnapping for ransom and possession of a 7.65 mm pistol and live cartridges under Section 140(2) of the B.N.S., 2023 and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The prosecution alleged that Kumar, along with Gautam Kumar, abducted the informant's father for ransom. The petitioner claimed innocence, noting that the co‑accused Gautam Kumar had already been granted bail, and argued that the FIR was based on a copied narrative. The State opposed bail, citing two prior criminal cases against the petitioner. After hearing both sides, the Patna High Court granted bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the petitioner in a kidnapping and arms possession case.
Whether the recovery of a firearm and live cartridges justifies denial of bail.
Whether the petitioner’s prior criminal antecedents preclude bail.

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 35
B.N.S., 2023 — s. 140(2)

Subjects

bail
kidnapping
arms possession
criminal antecedent
Patna High Court
B.N.S.
Arms Act
Indian criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75631 of 2025
                         Arising Out of PS. Case No.-76 Year-2025 Thana- BIND District- Nalanda
                 ======================================================
                 Jitender Kumar Son of Jageshwar Mahato Resident of Lodipur, P.S.-.Bind,
                 P.O.- Sadarpur, Lodipur, Distt.- Nalanda


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Priyanka Singh, Advocate
                 For the Opposite Party/s :       Ms. Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                    Heard Ms. Priyanka Singh, learned counsel for the

                   petitioner and Ms. Anita Kumari, learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Bind P.S. Case No. 76 of 2025 registered for the offence

                   punishable under Section 140(2) of the B.N.S., 2023 and

                   Sections 25(1-b)(a), 26 and 35 of the Arms Act.

                                3. The case of the prosecution in short is that the

                   father of the informant informed him that on 28.03.2025, he

                   proceeded on a telephonic call and was ultimately kidnapped by

                   unknown persons. The petitioner was also apprehended with one

                   Gautam Kumar. These two persons are alleged to have

                   kidnapped the father of the informant for ransom.

                                4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.75631 of 2025(2) dt.12-01-2026
                                            2/3




          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner submits that in this case,

          Gautam has been granted bail by the learned trial court, whereas

          this petitioner has been refused bail, as from his possession, a

          pistol of 7.65 mm and five live cartridges were recovered. It has

          also been submitted that from perusal of the FIR, it seems that

          the informant appears to be a noble writer and has very

          precisely copied the story from the nobles. The main thrust of

          the allegation is only that his father was found with two persons,

          and out of them, one has been granted bail. He further submits

          that the petitioner is languishing in judicial custody since

          29.03.2025.

                       5. The application for bail is opposed by learned APP

          for the State and submits that the petitioner is having criminal

          antecedent of two cases.

                       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 enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned Judicial
           Patna High Court CR. MISC. No.75631 of 2025(2) dt.12-01-2026
                                                       3/3




                     Magistrate, 1st Class, Biharsharif, Nalanda in connection with

                     Bind P.S. Case No. 76 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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