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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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