Patna High Court
Jitendra Singh @ Munna Singh @ Jitendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, holding that the FIR lacks sufficient material to justify denial of bail.
Summary
The petitioner, Jitendra Singh, sought relief fearing arrest in a case registered under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, relating to the alleged murder of his grandfather. The FIR, filed by an informant named Raju Kumar, alleged that the petitioner and other accused were involved, but the informant was not an eye‑witness and the FIR did not disclose how the petitioner was linked to the crime. The petitioner contended that there was no material evidence beyond suspicion and highlighted that a co‑accused, Ajay Rai, had already been granted anticipatory bail. The State opposed the bail application, arguing the seriousness of the offences. The Court, after considering the lack of substantive evidence and the principle of liberty, ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond and sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The bail order was conditioned on compliance with the stipulated terms.
Issues considered
- Whether the petitioner is entitled to bail in a case registered under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita, 2023 given the paucity of material linking him to the offence
- Whether the FIR provides sufficient basis for arrest and denial of bail
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- anticipatory bail
- criminal procedure
- FIR
- suspicion
- Section 103
- Section 3
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80135 of 2025
Arising Out of PS. Case No.-297 Year-2025 Thana- PIPRA District- East Champaran
======================================================
Jitendra Singh @ Munna Singh @ Jitendra Kumar Singh S/O Late Daroga
Singh Resident of village- Bediban Madhuban, PS-Pipra, District- East
Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
Mr.Sumit Kumar Gupta
For the Opposite Party/s : Mr.Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 103 (1) and 3 (5) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., informant namely, Raju Kumar
alleged that on 26.06.2025, he got an information that his
grandfather had been killed. On reaching the spot, he saw
bruises by knife on his body of grandfather and blood was
oozing out from his body . Informant suspects that all the F.I.R.
named accused persons including this petitioner killed his
grandfather. It is further alleged that prior to the alleged
occurrence , accused persons have threatened the deceased with
Patna High Court CR. MISC. No.80135 of 2025(2) dt.09-02-2026
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dire consequences.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged.
Informant is not an eye-witness to the alleged occurrence. Only
on suspicion, this petitioner has been made accused in the case.
F.I.R. does not disclose as to how informant came to know
about the involvement of this petitioner in the alleged
occurrence. Save and except suspicion, there is no other
material on record to show the complicity of petitioner in the
alleged occurrence. Similarly situated co-accused Ajay Rai has
already been granted anticipatory bail by this Court, vide order
dated 07.11.2025 passed in Cr.Misc. No. 73894 of 2025.
5. Learned A.P.P. for the State has opposed the bail
petition.
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
S.D.J.M., East Champaran at Motihari in connection with Pipra
P.S. Case No. 297 of 2025, subject to condition as laid down
under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
Patna High Court CR. MISC. No.80135 of 2025(2) dt.09-02-2026
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2023.
(Prabhat Kumar Singh, J)
anay/-
U T
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