Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Jitendra Kumar, sought anticipatory bail fearing arrest in a dacoity case (PS No. 718 of 2024) alleged under Sections 331(5) and 305 of the B.N.S. The prosecution alleged that unknown thieves committed the dacoity and that a co‑accused, Roshan Pandey, implicated the petitioner as the owner of a car used in the crime. A search of the petitioner’s house yielded no incriminating material and the co‑accused had already been granted regular bail. The petitioner asserted a clean antecedent, while the State opposed the bail. Considering the lack of prior criminal record and absence of seized evidence, the court granted anticipatory bail, directing a bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations and his clean antecedent
Legislation cited
Subjects
- anticipatory bail
- Section 482
- clean antecedent
- dacoity
- bail bond
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90297 of 2025
Arising Out of PS. Case No.-718 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
Jitendra Kumar S/o- Late Chandra Shekhar Pandey R/v- 91 Ground Floor,
R.No-2, Near SBI ATM Indrapuri Kesari Nagar Ps- Patliputra Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ganesh Prasad Yadav, Adv.
For the Opposite Party/s : Mr.Ajay Kumar Jha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Kadamkuan P.S. Case No. 718 of 2024 dated 18.09.2024
registered for the offence punishable under Section/s 331(5),
305 of the B.N.S.
3. As per the prosecution case, unknown thieves have
committed dacoity in the house of the Informant by breaking the
lock of the house and almirah.
4. Learned counsel for the petitioner submits that one
Roshan Pandey, who is also a co-accused in this case, is the
driver of the car bearing Regd. No. BR01DJ-1897, which is
being owned by this petitioner and, on his statement, the name
of the petitioner has transpired in this case while, the house of
the petitioner being put on search in his absence, nothing
Patna High Court CR. MISC. No.90297 of 2025(2) dt.15-01-2026
2/2
incriminating is said to have been recovered. It has next been
submitted that Roshan Pandey was taken under judicial custody
and has been granted regular bail. Lastly, it is submitted that the
petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Regard being had to the submissions made by the
parties and the petitioner having no criminal antecedent, this
Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below 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 Judicial Magistrate, 1st Class, Patna in
connection with Kadamkuan P.S. Case No. 718 of 2024, subject
to the condition as laid down under Section 482(2) of the
B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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