Jitan Rai @ Jitan Yadav v. The State Of Bihar

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 10-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. 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.

3. 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.

4. 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.

5. 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.

6. 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/- U T