Jitnesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Jitnesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned ACJM East Champaran, Motihari/concerned Court, subject to conditions under Section 482(2) of BNSS.

Issue for consideration

Whether the petitioner, named in the FIR and apprehending arrest in Kotwa P.S. Case No. 430/2023 (Sections 25(1-B)(a), 26 and 35 of the Arms Act), is entitled to anticipatory bail.

Court's answer

Prima facie, except suspicion arising out of the disclosure of the apprehended co-accused, nothing incriminating appears against the petitioner qua the recovery of illegal firearms from the possession of the co-accused.

Ratio / Principle

Petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is to be released on bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of BNSS.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Chandra Shekhar Jha, J), order dated 22-07-2026 in CR. MISC. No.45279 of 2026 — petitioner named in FIR, Kotwa P.S. Case No. 430/2023 (East Champaran), under Sections 25(1-B)(a), 26 and 35 of the Arms Act for allegedly sitting in a car with co-accused from whom an illegal country-made pistol and one live cartridge were recovered — implication resting only on suspicion arising from the disclosure of the apprehended co-accused, no material showing petitioner's knowledge that the co-accused carried firearms; petitioner claimed clean antecedent — prima facie nothing incriminating against the petitioner qua recovery from co-accused's possession — anticipatory bail granted in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to conditions under Section 482(2) of BNSS; learned APP had opposed the prayer.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45279 of 2026

Arising Out of PS. Case No.-430 Year-2023 Thana- KOTWA District- East Champaran

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

Jitnesh Kumar S/O Chandeshwar Giri R/O Village- Rampur Khajuriya, P.S.Dumariyaghat, Distt.- East Champaran.

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Suraj Kumar Tiwari For the Opposite Party/s : Mr.Shantanu Kumar ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 22-07-2026

Heard the parties.

The petitioner is named in the F.I.R. and

apprehending his arrest in connection with Kotwa P.S. Case No. 430/2023 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

As per FIR, petitioner alleged sitting in a car along with co-accused persons from whom illegal country-made pistol was recovered with one live cartridge.

It is submitted by learned counsel appearing on behalf of the petitioner that mere on the basis of suspicion arising out of disclosure made by apprehended co-accused person, this petitioner was implicated with present recovery of illegal firearms. It is submitted that primarily nothing surfaced as to suggest that

this petitioner was under knowledge that apprehended co-accused

was carrying illegal firearms as to presume constructive

Patna High Court CR. MISC. No.45279 of 2026(2) dt.22-07-2026 2/2

possession over the seized firearms by petitioner. Petitioner claimed clean antecedent.

Learned APP opposes the prayer of bail.

In view of aforesaid factual submission and by

taking note of fact as prima-facie except suspicion arising out of disclosure nothing incriminating appears against this petitioner qua recovery of illegal firearms from the possession of coaccused person, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM East Champaran, Motihari/concerned Court, where the case is pending in connection with Kotwa P.S. Case No. 430/2023, subject to the conditions as laid down under Section 482(2) of BNSS.

(Chandra Shekhar Jha, J)

S.Tripathi/-

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