Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The appeal is dismissed; the bail order stands.
Summary
Meena Devi, the informant, appealed to the Patna High Court seeking cancellation of the bail granted to Aditya Kumar Jha, who was arrested for offences under sections 103, 238, 61(2), 3(5) of the Bhartiya Nyay Sanhita and for murder under IPC section 302. The ground of the appeal was that the informant was not given an opportunity of hearing before bail was granted. The Court observed that in cases of serious offences like murder, the informant’s hearing is not mandatory as the State, through the A.P.P., safeguards the public interest. The bail was granted after considering the Social Investigation Report, Social Background Report, the Probation Officer’s report and a confessional statement of a co‑accused, and was deemed to be in the best interest of the child in conflict with law. Finding no merit in the appeal, the Court dismissed it and upheld the bail order.
Issues considered
- Whether the bail of an accused in a murder case can be cancelled without affording a hearing to the informant.
- Whether the bail granted to a child in conflict with law, based on investigative and probation reports, should be set aside.
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103, 238, 3(5), 61(2)
- Indian Penal Code — s. 302
Subjects
- bail cancellation
- hearing rights
- child in conflict with law
- IPC 302
- Bhartiya Nyay Sanhita
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.4498 of 2025
Arising Out of PS. Case No.-877 Year-2024 Thana- SITAMARHI District- Sitamarhi
======================================================
Meena Devi W/O Mukesh Jha Resident of village- Bhairav kothi, P.S.
And District- Sitamarhi
... ... Appellant
Versus
1. The State of Bihar Patna
2. Aditya Kumar Jha S/O Dhananjay Jha Resident of village- Bhairav
kothi, P.S. And District- Sitamarhi
... ... Respondents
======================================================
Appearance :
For the Appellant/s : Mrs.Archana Jha, Advocate
For the Respondent/s : Mr.Ramchandra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 18-02-2026 Heard Mrs. Archana Jha, learned counsel appearing on
behalf of the appellant and learned A.P.P. for the State.
2. The present appeal preferred by first informant
namely, Meena Devi for cancellation of bail of respondent no. 2
namely, Aditya Kumar Jha, who has been granted bail in terms of
order dated 16.07.2025 passed by learned Additional Sessions
Judge-cum-Children Courts, Sitamarhi, in Sitamarhi P.S. Case No.
877 of 2024 for the offence punishable under sections 103, 238,
61(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the
‘B.N.S.’).
3. The present petition for cancellation of bail of
respondent no. 2 was preferred mainly on the ground that the first
respondent namely, Meena Devi (appellant here) was not given an
Patna High Court CR. APP (SJ) No.4498 of 2025(4) dt.18-02-2026
2/2
opportunity of hearing.
4. It appears upon perusal of record as the case was
registered for the offences punishable under section 302 of the
I.P.C. and it is not necessary to hear in such cases to the informant
as the cause of informant to be taken care by the State through
learned A.P.P.
5. It also appears from perusal of the impugned order
that considering the Social Investigation Report, Social
Background Report, report of the Probation Officer and also by
considering the factual aspect of the case where the respondent
no. 2 was implicated out of confessional statement of apprehended
co-accused, the bail was granted in the best interest of respondent
no. 2/CICL (Child in Conflict with Law).
6. In view of aforesaid, there is no occasion to interfere
with the impugned order, accordingly, the present appeal is devoid
of any merit and, therefore, the same stands dismissed.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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