Jitendra Singh @ Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39827 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- BARHARA District- Bhojpur ====================================================== Jitendra Singh @ Jitendra Kumar Singh Son Of Late Randhir Singh Resident Of Village -Bindgawan , P.S. Barhara, Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishal Vikram Rana, Advocate Ms. Meesha Bharti, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Barhara P.S. Case No. 48 of 2025 instituted for the offence under Sections 191(2), 191(3), 190, 126(2) & 103(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26, 27 & 35 of the Arms Act.

3.

Prosecution case, in short, is that on 16.03.2025, informant while returning home on his bicycle, he was followed near Samudayik Bhawan by petitioner and others armed with guns and pistols. Petitioner allegedly fired at the informant's younger brother hitting him on the head and causing him to fall. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.39827 of 2025(3) dt.12-08-2025 2/3 that the petitioner is in custody since 26-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner, a Constable in SSB posted in West Bengal, has been falsely implicated in the present case due to village politics during his Holi visit. Learned counsel for the petitioner submits the incident arose from a dispute over milk with Prem Singh @ Bade Singh, who fired in self-defence when attacked, injuring the informant's son, after which the informant's side fatally assaulted Prem Singh. The petitioner and his brother arrived later, but the informant's side allegedly snatched his licensed gun and falsely accused him of firing. He contends seizure memos and timelines in the FIR contradict the prosecution's version, showing suppression of material facts and afterthought allegations.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. There is direct allegation against the petitioner of firing which is corroborated by the postmortem report, wherein injury was opined to be caused by firearm leading to massive neuronal injury and hemorrhage and shock and cardio-respiratory failure.

Patna High Court CR. MISC. No.39827 of 2025(3) dt.12-08-2025 3/3 7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner, which is corroborated by the postmortem report, this Court is not inclined to grant bail to the petitioner. Prayer for bail is rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T