Patna High Court
Divyanshu Kumar @ Anshu Singh @ Anshu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated 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 for the alleged murder of an informant’s father. The informant alleged that the murder stemmed from a prior land dispute and that the petitioner’s name appeared only in a co‑accused’s confessional statement, not in the FIR. Although the petitioner has seven prior criminal cases, he has been acquitted in four, has completed the final form in two, and is on bail in one. The informant opposed the bail application, arguing the petitioner’s involvement. The court, after considering the circumstances, granted anticipatory bail on the condition of a Rs 10,000 bond, two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the allegations under the Bhartiya Nyaya Sanhita and Arms Act
- Whether the petitioner’s inclusion in a co‑accused’s confessional statement suffices to justify denial of 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
- criminal procedure
- Section 103
- Section 61
- Section 27
- Section 482
- land dispute
- murder
- bail conditions
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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