Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5807 of 2025 Arising Out of PS. Case No.-494 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== Jitendra Kumar Son of Nawal Rai @ Naval Ray Resident of VillageMajhauli, P.S.- Bidupur, Distt.- Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 494 of 2024 instituted for the offences under Sections 109, 123, 103(1), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of committing the murder of three persons by poisoning.

Patna High Court CR. MISC. No.5807 of 2025(5) dt.07-07-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that from perusal of the FIR itself, it is evident that that the call was made by co-accused Rohit Kumar and this petitioner never arranged any party nor he participated in the party. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2024 and has two criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that the offence is serious in nature and this petitioner along with one Rohit Kumar have himself confessed their guilt and, therefore, the involvement of the petitioner in the alleged offence cannot be denied. The prayer for bail to the co-accused person has already been rejected by this Court vide order dated 28.03.2025 passed in Cr. Misc. No. 18296 of 2025.

6. Considering the aforesaid facts and circumstances of the case as also the nature and gravity of offence, this Court

Patna High Court CR. MISC. No.5807 of 2025(5) dt.07-07-2025 3/3 is not inclined to grant bail to the petitioner at this stage.

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

(Rudra Prakash Mishra, J) Alok Verma/- U T