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Patna High Court

Jitendra ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner.

Summary

The petitioner, Jitendra Chauhan, was arrested in connection with a shooting that resulted in the death of an informant's husband, and charged under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. He contended that he was not named in the FIR, was not among the three persons seen fleeing the scene, and that his inclusion was the result of village politics, asserting no prior criminal record. The State opposed bail, relying on a confessional statement recorded in the case diary (para‑69) and the charge‑sheet filed by the investigating officer. After considering the seriousness of the offences, the alleged confession and the material on record, the Court declined to grant bail. The trial court was directed to expedite the trial, and the petitioner was permitted to re‑apply for bail before the trial court if the trial is not concluded within seven months.

Issues considered

  • Whether bail should be granted to the petitioner in view of the seriousness of the offences under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the confessional statement and charge‑sheet constitute sufficient grounds to deny bail

Legislation cited

Subjects

  • bail
  • serious offences
  • confession
  • arms act
  • trial expedite
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76760 of 2025
                       Arising Out of PS. Case No.-74 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Jitendra Chauhan S/O Gorelal Chauhan R/O Village - Haribigha, P. S -
                 Wazirganj, District - Gaya
                                                                       ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ramadhar Shekhar, Advocate
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Wazirganj P.S. Case No. 74 of 2025 instituted for the offences

                   under Sections 103(1), 61(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 27 of the Arms Act.

                                3. As per F.I.R., someone has fired upon the head of

                   the informant’s husband due to which he died on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence as alleged

                   against him and has falsely been implicated in the present case

                   due to dirty village politics. The petitioner is not named in the

                   F.I.R. and his name has transpired in this case in course of

                   investigation on the basis of the statement of spy of the police.
Patna High Court CR. MISC. No.76760 of 2025(4) dt.11-03-2026
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          Learned counsel for the petitioner further submits that as per

          F.I.R., the informant has seen three persons fleeing away from

          the place of occurrence but, the petitioner is not one of them.

          The petitioner has no criminal antecedent and is languishing in

          judicial custody since 24.02.2025 without any rhymes or reason.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of bail to the petitioner,

          stating that the offence alleged is serious in nature. He further

          submits that the Jitendra Chauhan (Petitioner) in his

          confessional statement contained in Para-69 of the case diary

          has confessed his guilt and has also taken the name of the other

          co-accused Hari Chandra Chauhan of being involved in the

          alleged offence. The Investigating Officer, after completion of

          investigation, has submitted charge-sheet against the petitioner

          for offence under Sections 103(1)/61(2)/3(5) of the B.N.S.,

          2023.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case and keeping in view the

          nature of allegation, gravity of the offence as also the materials

          available in the case diary, this Court is not inclined to grant bail

          to the petitioner.

                        7. Accordingly, the prayer for grant of bail to the
           Patna High Court CR. MISC. No.76760 of 2025(4) dt.11-03-2026
                                                       3/3




                     petitioner is, hereby, rejected.

                                  8. Learned Trial Court is directed to expedite the trial.

                                  9. However, liberty is granted to the petitioner to

                     renew the prayer for grant of bail before the Trial Court if the

                     trial is not concluded within a period of seven months from

                     today.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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