Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail, directing release upon surrender or arrest within four weeks, subject to bail bond and sureties, under Section 482(2) of the BNSS.
Summary
The petitioner, Jitendra Kumar, applied for pre‑arrest bail in a case (Konch P.S. Case No. 318 of 2025) where the FIR alleged assault and theft but was initially filed against unknown persons. The petitioner’s name was later identified from investigation material, though no incriminating items were found in his possession and he has a clean antecedent. The State opposed the bail, but the court noted that the FIR does not name the petitioner, there is no material linking him directly to the crime, and he has no prior record. Accordingly, the court ordered that he be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS. The court also directed the district court to verify his criminal antecedent and to nullify the order if any other cases are found against him. The application was disposed of.
Issues considered
- Whether pre‑arrest bail can be granted when the FIR is lodged against unknown persons and the petitioner is not originally named.
- Whether the material collected during investigation suffices to justify naming the petitioner as an accused.
- Whether a clean antecedent and lack of incriminating evidence favor the grant of bail under Section 482(2).
Legislation cited
Subjects
- pre‑arrest bail
- FIR against unknown
- clean antecedent
- Section 482(2)
- Bihar Criminal Procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86454 of 2025
Arising Out of PS. Case No.-318 Year-2025 Thana- KONCH District- Gaya
======================================================
Jitendra Kumar Son of Arjun Yadav Resident of Village- Maugraus, P.S.-
Konch, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Yadav, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-01-2026 Heard Mr. Sunil Kumar Yadav, learned counsel
appearing on behalf of the petitioner and Mr. Nirmal Kumar
Sinha, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Konch P.S. Case No. 318 of 2025 registered for the
offence(s) punishable under Sections 310(2) of the BNS.
3. The allegation made in the FIR is against unknown,
that the accused persons assaulted the informant and snatched
silver bracelet of 4 bhar, one smart watch and Rs.1000/- in cash
from him.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in the
present case. The FIR is against unknown persons and the name
Patna High Court CR. MISC. No.86454 of 2025(2) dt.16-01-2026
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of the petitioner has been surfaced on the basis of material
collected in course of investigation. Nothing incriminating has
been recovered from the conscious possession of the petitioner
nor he has been apprehended from the place of occurrence. The
petitioner clean antecedent. On these grounds, the petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against
the petitioner, as well as, the fact that FIR is against unknown
persons and the petitioner is not named in the FIR rather the
name of the petitioner has surfaced in the present case on the
basis of material collected in course of investigation. Nothing
incriminating has been recovered from the conscious possession
of the petitioner nor he has been apprehended from the place of
occurrence. The petitioner, having clean antecedent, is directed
to be released on pre-arrest bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned District Court where the case
is pending in connection with Konch P.S. Case No. 318 of
Patna High Court CR. MISC. No.86454 of 2025(2) dt.16-01-2026
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2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner and if it is found
that the petitioner is involved in some other cases, as what
has been stated in paragraph No.3 of the bail application,
this order will automatically lose its force.
8. Accordingly, the present application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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