Patna High Court
Jitu Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was denied as the case was not deemed fit for such relief.
Summary
The petitioner, Jitu Kumar, sought anticipatory bail fearing arrest in a case (Lakhisarai PS Case No. 330 of 2025) involving alleged assault, abuse, and threatening an informant at gunpoint, alleged under several sections of the Bharatiya Nagrik Suraksha Sanhita, 2023 and the Arms Act. The prosecution presented CCTV footage identifying the petitioner and alleged that the incident occurred on 6 July 2025. The petitioner contended that he was falsely implicated, that no specific overt act could be linked to him, and that the allegations were general and omnibus, emphasizing his clean criminal record. The State opposed the bail, noting that a co‑accused had already been granted regular bail. Justice Rudra Prakash Mishra held that the case was not suitable for anticipatory bail and rejected the petition, while indicating that regular bail could be considered if the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the identification of the petitioner in CCTV footage suffices to deny anticipatory bail
- Whether the allegations against the petitioner constitute a specific overt act justifying arrest
Legislation cited
- Arms Act — s. 25(g)
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal procedure
- assault
- threat with firearm
- CCTV evidence
- false implication
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8988 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
Jitu Kumar @ Golu Kumar S/o Chhotu Ram R/o vill - Balgudar, P.S. and
Distt.- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Opposite Party/s : Mr.Pushpa Sinha, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Lakhisarai P.S. Case No. 330 of 2025, instituted for the
offences under Sections 126(2), 115(2), 352, 351(2) and 3(5) of
the Bharatiya Nagrik Suraksha Sanhita, 2023 and Section 25(g)
of the Arms Act.
3. Prosecution case, in short, is that on 06.07.2025 at
about 9.20 P.M., petitioner and other co-accused persons entered
into the house of informant and started abusing and assaulted
the informant and they also threatened him at gunpoint. The
incident was captured in CCTV footage, leading to the lodging
of the F.I.R.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. There
is no specific overt act against the petitioner. Learned counsel
Patna High Court CR. MISC. No.8988 of 2026(2) dt.05-02-2026
2/2
for the petitioner submitted that general and omnibus allegation
has been made against the petitioner. It has been submitted on
behalf of the petitioner that the petitioner has no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner. He further
submitted that the other co-accused has been granted regular
bail by this Court vide order dated 30.10.2025 passed in
Criminal Miscellaneous No. 72905 of 2025. The petitioner has
been identified in the CCTV footage.
6. Considering the aforesaid facts and circumstances
of the case, nature and gravity of offence, in my view, this is not
a fit case for anticipatory bail.
7. Accordingly, the prayer for grant of anticipatory
bail to the petitioner is, hereby, rejected.
8. However, if the petitioner surrenders before the
learned court below within a period of six weeks from today and
prays for regular bail, the same shall be disposed of on its own
merit without being prejudiced by this order.
(Rudra Prakash Mishra, J)
manish/-
U T
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