Jitu Yadav @ Jitender Kumar Yaduvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22320 of 2025 Arising Out of PS. Case No.-509 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Jitu Yadav @ Jitender Kumar Yaduvanshi S/O Shri Rajender Kumar Yadav R/O Village- Vajitpure, Chhipaliya, P.S- Bahadurpur, Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashfaque Ahmed, Advocate Mr. Umesh Kumar Verma, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bahadurpur P.S. Case No. 509 of 2024, instituted for the offences punishable under Sections 103(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons have committed murder of informant's brother by firing.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner

Patna High Court CR. MISC. No.22320 of 2025(3) dt.23-07-2025 2/3 also submits that the petitioner was not present at the place of occurrence. The petitioner was arrested from his house. It is further submitted that the petitioner has no manner of concern with the water tank constructed under Nul Jal Yojna nor this petitioner was care taker of the said water tank. The petitioner has been falsely implicated on the basis of suspicion as also on account of political rivalry in between the parties. The petitioner is in custody since 13.12.2024 and has got two criminal antecedents.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner is named in the FIR and it is specifically alleged against the petitioner that he along with other co-accused persons have killed informant's brother. During investigation, witnesses mentioned in paragraph nos. 8, 9, 10, 11 and 12 of the case diary have supported the prosecution story. It is further submitted that the petitioner has confessed his guilt before the police and has also stated about his involvement in this case. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.22320 of 2025(3) dt.23-07-2025 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial. However, if the trial is not concluded within a period of six months from the date of receipt/production, the petitioner will have liberty to renew his prayer for bail in the Court below.

(Rudra Prakash Mishra, J) Rajorshi/- U T