Patna High Court

Jitendra Kumar @ Jitendra SinghversusThe State of Bihar

Decided: 13 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, subject to specified conditions.

Summary

The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 103(1) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act, relating to the alleged murder of an informant’s father in a land‑dispute context. The petitioner’s name was not in the FIR but emerged from a co‑accused’s confessional statement; he also has a history of seven criminal antecedents, though he has been acquitted in four cases, has a final form in two, and is on bail in one. The informant opposed the bail application. The court, after considering the facts, granted anticipatory bail on the condition that the petitioner surrender within eight weeks, furnish a bail bond of Rs 10,000 with two sureties, and comply with conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite allegations under the Bhartiya Nyaya Sanhita and Arms Act.
Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.

Legislation cited

Arms Act — s. 27
Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 61(2)

Subjects

anticipatory bail
Section 482
Bhartiya Nyaya Sanhita
Arms Act
criminal antecedents
land dispute
murder
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76261 of 2025
                     Arising Out of PS. Case No.-277 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Jitendra Kumar @ Jitendra Singh S/o- Late Jayram Singh Resident of
                 Nisharpuara P.S- Rani Talab, Dist- Patna
                                                                       ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Krishna Pd. Singh, Sr.Adv.
                                                  Mr. Arvind Kumar, Adv.
                 For the State           :        Mr. Bishweshwar Ram, APP
                 For the Informant       :        Mr. N.K.Agrawal, Sr.Adv. With
                                                  Mr. Amresh Kr. Sinha & Mr. Kumar Rajdeep.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   13-01-2026                  Heard learned counsel for the parties.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 103(1), 61(2) of the

                   Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

                                3. The informant suspects that on account of previous

                   land dispute, the F.I.R. named accused persons along with 3–4

                   unknown persons committed murder of his father.

                                4. Petitioner is not named in the F.I.R. Name of the

                   petitioner surfaced during investigation in the confessional

                   statement of co-accused Divyanshu Kumar, who stated that this

                   petitioner along with other co-accused trained co-accused

                   Mantu, who committed the murder of father of informant.

                   Though, petitioner has got 7 criminal antecedent, but in 4 cases

                   he has already been acquitted, in two cases, final form has been

                   submitted and in one case, he is on bail.
           Patna High Court CR. MISC. No.76261 of 2025(3) dt.13-01-2026
                                                       2/2




                                  5. Learned senior             counsel for   the informant

                     vehemently opposes the prayer for anticipatory bail.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, be enlarged on bail

                     on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     J.M. 1st Class, Danapur (Patna) in connection with Rani Talab

                     P.S. Case No. 277 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                        (Prabhat Kumar Singh, J)
anay

U      T

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