Allowed¶24

Jitu Kumar @ Jitendra Kumar v. The State of Bihar

Patna HC12 May 2025CR. MISC./2533/2025

Case brief

AI extract

What is this about?

Keywords: regular bail; Patna High Court; Khanpur P.S. Case No. 166 of 2022; Samastipur; Sections 307, 504/34 IPC; Section 27 Arms Act; firing/injury to thigh and knee; land dispute; love affair; parity with co-accused (Cr. Misc. No. 12097 of 2024); custody since 21.09.2024; bail bond Rs. 20,000 with two sureties; condition of appearance on each date. Outcome: bail application allowed.

What did the court decide?

Regular bail granted: petitioner to be enlarged on bail on furnishing bail-bond of Rs.20,000/- with two sureties of the like amount each, subject to the condition of physical presence before the Court below on every date (bail bond cancellable on absence for two consecutive dates without reasonable cause). ¶24

Jitu Kumar @ Jitendra Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 21.09.2024 in connection with Khanpur P.S. Case No. 166 of 2022 (offences punishable under Sections 307, 504 read with Section 34 IPC and Section 27 Arms Act), should be enlarged on regular bail.

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Court's answer

Considering the facts and circumstances of the case and the period of custody, the petitioner is directed to be enlarged on regular bail on furnishing a bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, to the satisfaction of the learned Court concerned, Samastipur, in connection with Khanpur P.S. Case No. 166 of 2022.

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Ratio / Principle

Bail is conditioned on the petitioner remaining physically present before the learned Court below on each and every date; failure to appear on two consecutive dates without reasonable cause renders his bail bond liable to cancellation.

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Detailed headnote1 paragraphs

PATNA HIGH COURT (Chandra Prakash Singh, J.) — Crl. Misc. No. 2533 of 2025, decided 12-05-2025: Regular bail allowed to Jitu Kumar @ Jitendra Kumar in Khanpur P.S. Case No. 166 of 2022 (dated 02.07.2022) registered under Sections 307, 504 read with Section 34 IPC and Section 27 Arms Act, alleging firing on the informant causing injuries to thigh and knee during an incident following a land dispute. Petitioner in custody since 21.09.2024; counsel pleaded innocence, parity with a co-accused already bailed (order dated 16.04.2024 in Cr. Misc. No. 12097 of 2024), injury on non-vital part, love-affair angle per case diary paras 104 and 108, clean antecedents. Enlargement ordered on bail-bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of like amount, conditioned on personal appearance before the Court below on each date, failing which on two consecutive dates without reasonable cause the bail bond is liable to be cancelled.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2533 of 2025

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Arising Out of PS. Case No.-166 Year-2022 Thana- KHANPURA District- Samastipur

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======================================================

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Jitu Kumar @ Jitendra Kumar S/o Prem Lal Mahto @ Premlal Mahto R/o Village and Post- Khanpur, P.S.- Khanpur, Distt.- Samastipur, Bihar

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rambabu Yadav For the Opposite Party/s : Mr.Binod Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 12-05-2025

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Khanpur P.S. Case No. 166 of 2022 dated 02.07.2022 registered for the offences punishable u/ss 307, 504 read with section 34 of the Indian Penal Code and section 27 of the Arms Act.

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3 . As per the prosecution case, while the informant was going to his house at 8 P.M. in the meantime, the accused Raushan Kumar, Ravindra Roy, Jeetu Kumar (petitioner), Premlal Mahto who were sitting at Gyatri Mandir surrounded the informant and on the order of Arvind Kumar Roy and Premlal Mahto, the co-accused Roushan Kumar and the

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Patna High Court CR. MISC. No.2533 of 2025(3) dt.12-05-2025 2/3

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petitioner Jeetu Kumar fired with arms upon the informant which hit at thigh and knee, thereafter the informant fell down and they fled away.

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4 . Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is admitted land dispute between the parties. Similarly situated co-accused has already been granted bail by the co-ordinate bench of this court vide order dated 16.04.2024 passed in Cr. Misc. No. 12097 of 2024. The informant sustained grievous injury on his thigh which is non-vital part of the body. As per para 104 of the case diary, the matter is related to a love affair and the petitioner has no connection with the FIR and as per para 108 of the case diary, the petitioner and his entire family are residing in the maternal grandfather’s house, Bhaginman. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.09.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the plea of alibi cannot be considered at this stage.

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6 . Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

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Patna High Court CR. MISC. No.2533 of 2025(3) dt.12-05-2025 3/3

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named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Khanpur P.S. Case No. 166 of 2022, with a condition/s:-

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( i ). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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7 . The application stands allowed.

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(Chandra Prakash Singh, J)

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guddukr/-

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U T

Jitu Kumar @ Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitu Kumar @ Jitendra Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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What the court decided

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