Patna High Court
Jitendra ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
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
2/3
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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