Patna High Court
Jilajit Kumar @ Jila YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, despite the serious nature of the charges, bail could be granted subject to a bond and sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Jilajit Kumar, was charged under Sections 103(1), 61(2), 3(5) of the Bhartiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly abducting and shooting the informant’s son. The petitioner contended that he was falsely implicated, that the informant was not an eye‑witness, and that he himself was injured during the incident. The State opposed the bail application, arguing the seriousness of the offences. The High Court, after considering the nature of the accusations and the length of the petitioner’s custody since 6 April 2025, allowed regular bail. The court ordered release on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether regular bail can be granted in a case involving murder and arms offences under the Bhartiya Nyaya Sanhita and Arms Act.
- Whether the allegations constitute a prima facie case sufficient to deny bail.
- Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be invoked to impose bail conditions.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- regular bail
- murder
- arms act
- Bhartiya Nyaya Sanhita
- Section 482
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90695 of 2025
Arising Out of PS. Case No.-173 Year-2025 Thana- ISLAMPUR District- Nalanda
======================================================
Jilajit Kumar @ Jila Yadav S/o Rammurti Prasad @ Rammurti Yadav @
Rammurti Prasad Yadav Resident of Village- Tahabal Bigaha, PS- Islampur,
District- Nalanda at Biharsharif
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences under Sections 103(1), 61(2), 3(5) of the
Bhartiya Nyaya Sanhita and Section 27 of the Arms Act.
3. The informant has alleged that on 04.04.2025 at
about 4 PM, this petitioner came to his house and took away his
son on his motorcycle to a poultry farm, where other F.I.R.
named accused persons were already present and thereafter, they
shot dead son of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case due to previous enmity. Informant is not eye-witness to the
Patna High Court CR. MISC. No.90695 of 2025(2) dt.12-02-2026
2/2
alleged occurrence. As a matter of fact, deceased has been killed
by some other accused persons in which this petitioner, who was
also with the deceased, sustained injuries and even then he has
also been made accused in this case. The aforesaid fact has also
come in the impugned order. Petitioner is in custody since
06.04.2025.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the nature of accusation and period of
custody, this bail application is allowed. The petitioner, above
named, is directed to be released 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 A.C.J.M. - I, Hilsa,
Nalanda at Biharsharif in connection with Islampur P.S. Case
No. 173 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.