Patna High Court

Jitendra KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioner was not named in the FIR and no injury occurred, anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is warranted.

Summary

Jitendra Kumar feared arrest in a case registered under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The FIR described an incident where three unknown persons fired shots at an informant, but no one was injured and the petitioner’s name does not appear in the FIR; it surfaced only through a co‑accused’s confessional statement. The petitioner pleaded innocence and sought anticipatory bail, while the State opposed the application. The court, after considering the nature of the allegations and the lack of direct incrimination, granted anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if the petitioner is arrested or surrenders within eight weeks, the bail bond must be furnished to the Chief Judicial Magistrate, Vaishali.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations under IPC Sections 307, 34 and Arms Act Section 27.
Whether the absence of the petitioner’s name in the FIR and lack of any firearm injury justify granting anticipatory bail.

Legislation cited

Arms Act — s. 27
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Indian Penal Code — s. 307, 34

Subjects

anticipatory bail
Indian Penal Code
Section 307
Section 34
Arms Act
Section 27
Section 482(2)
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
bail conditions
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91891 of 2025
                        Arising Out of PS. Case No.-961 Year-2023 Thana- NAGAR District- Vaishali
                 ======================================================
                 Jitendra Kumar S/O Ashok Kumar R/O Mohalla- Adalbari, P.S- Sadar
                 Hajipur, Distt.- Vaishali.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mukesh Kumar, Advocate
                 For the Opposite Party/s :        Md. Mushtaque Alam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 307, 34 of the Indian

                   Penal Code and Section 27 of the Arms Act.

                                3. As per F.I.R., on the alleged date and time of

                   occurrence, three unknown miscreants, riding on motorcycle,

                   fired gunshots on the informant.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is not named in the F.I.R. and his name transpired during course

                   of investigation in confessional statement of co-accused.

                   Though there is allegation of firing but no one sustained any

                   firearms injury.

                                5. Learned A.P.P. for the State vehemently opposed
              Patna High Court CR. MISC. No.91891 of 2025(2) dt.10-02-2026
                                                          2/2




                        the bail application.

                                     6. Considering backdrop of the case and nature of

                        accusation, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Chief Judicial Magistrate,

                        Vaishali at Hajipur in connection with Hajipur Town P. S. Case

                        No. 961 of 2023, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                        2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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Mukesh Kumar