Patna High Court
Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Jitendra Kumar, was arrested in connection with a case registered under Sections 317(2), 314(4) and 317(5) of the Bihar Narcotic Substances Act. The prosecution alleged that he and a co‑accused fled on a motorcycle after spotting police, collided with another motorcycle and were apprehended at the scene. The petitioner claimed innocence, argued that no incriminating article was recovered, and that the charge sheet had already been filed, making bail appropriate despite his prior bail in three other cases. The State opposed bail, emphasizing that the petitioner was caught at the place of occurrence and was in possession of the motorcycle. The court, after considering the facts, custody period and arguments, ordered the release of the petitioner on bail of Rs.10,000 with two sureties and imposed conditions regarding attendance, tampering with evidence and surety qualifications.
Issues considered
- Whether the petitioner is entitled to bail despite being apprehended at the place of occurrence and having prior criminal antecedents.
Legislation cited
- Bihar Narcotic Substances Act — s. 314(4), 317(2), 317(5)
Subjects
- bail
- criminal procedure
- apprehension at scene
- prior antecedents
- Bihar Narcotic Substances Act
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90535 of 2025
Arising Out of PS. Case No.-485 Year-2025 Thana- BETTIAH CITY District- West
Champaran
======================================================
Jitendra Kumar S/o Baidyanath Mahto @ Baijanath Mahto Resident of
Village- Kalibagh Dih (Noniya Dih), Ward No. 04, P.S.- Kalibagh, Dist.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Bettiah Town P.S. Case No. 485 of 2025 registered for the
offences punishable under Sections 317(2), 314(4), 317(5) of
BNS.
3. As per prosecution case, four persons on two
motorcycles came and after seeing the police, they started
fleeing away. It is alleged that while fleeing, both motorcycles
collide with each other as a result of which petitioner and co-
accused Pankaj Kumar riding on one motorcycle got
apprehended at the place of occurrence and they disclosed the
name of other two co-accused persons, namely, Suraj Kumar
Patna High Court CR. MISC. No.90535 of 2025(2) dt.13-01-2026
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and Gyani Sah who were riding on another motorcycle and
succeeded in fleeing away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the FIR. He further submits that no incriminating
article has been recovered from the possession of the petitioner.
Seizure list has not been made as per law. Petitioner is in
custody since 09.10.2025 and he bears criminal antecedent of
three cases in which he is on bail. Learned counsel orally
submits that charge sheet has been submitted in the case and
there is no likelihood of tampering with the prosecution
evidence. He further submits that just because of having
criminal antecedents, petitioner has falsely been implicated in
the present case.
5. The learned A.P.P. for the State opposes the
prayer for bail of the petitioner by submitting that petitioner was
apprehended at the place of occurrence alongwith the
motorcycle. Hence, petitioner does not deserve bail.
6. Considering the facts and circumstances of the
case, period of custody, argument advanced on behalf of both
sides and also taking into consideration the material available on
record, let the petitioner above named be released on bail on
Patna High Court CR. MISC. No.90535 of 2025(2) dt.13-01-2026
3/3
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned C.J.M., Bettiah, West Champaran / Successor Court in
connection with Bettiah Town P.S. Case No. 485 of 2025,
subject to following conditions:-
(i) One of the bailors shall be either father or
mother or sister or brother or wife or the person who has sworn
the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will
remain present on all dates and absence for two consecutive
dates without appropriate permission, would be a ground for
cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
alok/-
U T
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