Jitan Rai @ Jitan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

Jitan Rai @ Jitan Yadav Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court below in connection with Ahiyapur P.S. Case No. 450 of 2026, subject to conditions that one bailor be a family member/close relative and that the petitioner remain present in court on every trial date (bonds cancellable on absence on two consecutive dates without sufficient reasons).

Issue for consideration

Whether petitioner Jitan Rai @ Jitan Yadav, in custody since 16.03.2026 in connection with Ahiyapur P.S. Case No. 450 of 2026 (offences under Sections 191(2), 191(3), 190 and 109 of B.N.S. and Section 27 of the Arms Act), should be released on bail.

Ratio / Principle

Considering the facts and circumstances, and that the allegation against the petitioner is not that of resorting to fire, the petitioner was ordered to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court below in connection with Ahiyapur P.S. Case No. 450 of 2026.

Key takeaways

Grant of bail subject to condition that one of the bailors shall be a family member/close relative.ratio¶20
Grant of bail further conditional on the petitioner remaining physically present in court on each and every date during trial; on failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.ratio¶22

Detailed headnote1 paragraphs

Bail granted — Patna High Court (Soni Shrivastava, J), Crl. Misc. No.36364 of 2026, order dated 10-06-2026. Petitioner Jitan Rai @ Jitan Yadav, in custody since 16.03.2026 with charge-sheet filed in Ahiyapur P.S. Case No. 450 of 2026, Muzaffarpur (Sections 191(2), 191(3), 190 and 109 of B.N.S.; Section 27 of the Arms Act), released on bail on a bond of Rs. 10,000/- with two like sureties to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur. Ground: the allegation against the petitioner was not that of resorting to fire — the F.I.R. attributed the pistol-firing causing the informant's injury to co-accused Vinay Kumar and his mother, the others (including the petitioner) being alleged to have incited them; the State's objection based on the petitioner's antecedents was met with the submission that bail had already been granted in those cases. Conditions: one bailor to be a family member/close relative; petitioner to attend court on every trial date, failing which on two consecutive dates without sufficient reason the bail bonds are liable to be cancelled.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36364 of 2026

Arising Out of PS. Case No.-450 Year-2026 Thana- AHIYAPUR District- Muzaffarpur

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

Jitan Rai @ Jitan Yadav S/o Late Shivjee Ray R/o Village- Damodarpur, Pathan Toli, P.S - Kanti, District - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

2 10-06-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 191(2), 191(3), 190 and 109 of B.N.S. and Section 27 of the Arms Act.

As per the prosecution case, it is alleged that the petitioner along with other co-accused persons have made indiscriminate firing due to which informant sustained injury.

Learned counsel for the petitioner submits that the First Information Report was lodged against seven persons and the F.I.R itself makes it clear that it was one Vinay Kumar and his mother who were armed with pistol, whereas, so far as the petitioner Jitan Rai is concerned, there is no allegation against him that he was armed with pistol rather the F.I.R.

Patna High Court CR. MISC. No.36364 of 2026(2) dt.10-06-2026 2/3

indicates that the other accused persons including the petitioner were inciting the co-accused Vinay Kumar and his mother to use the weapon and the allegation of indiscriminate firing has been made upon the said Vinay Kumar and his mother on account of which the informant received one injury. The petitioner is in custody since 16.03.2026 and charge-sheet has been submitted.

Learned APP for the State however, opposes the grant of bail on the ground that the petitioner has some antecedent, however, in response it has been submitted that the petitioner has been granted bail in the said cases.

Taking into consideration the facts and circumstances and also considering the fact that the allegation against the petitioner is not that of resorting to fire, as such, let the above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur/concerned Court below in connection with Ahiyapur P.S. Case No. 450 of 2026 subject to condition that:-

(i) One of the bailors shall be a family member/close relative.

Patna High Court CR. MISC. No.36364 of 2026(2) dt.10-06-2026 3/3

(ii) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

anand/-

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