Patna High Court
VIKASH KUMAR JHAversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Vikash Kumar Jha was in judicial custody for offences under Sections 103(1) and 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act, relating to the killing of an informant’s brother. The prosecution’s case relied on the informant’s allegation that Jitu Yadav and his friends were responsible, while a confessional statement of co‑accused Jitu Yadav indicated that another person, Chandra Bhushan Yadav, fired the fatal shot, with no direct evidence linking the petitioner. The petitioner’s counsel argued innocence, highlighted the lack of any incriminating material against him, and noted that only a single entry‑exit wound was found, suggesting a single shooter. The State opposed bail, citing the petitioner’s prior criminal case. After considering the evidence and the petitioner’s custody since July 2025, the court found no substantive case against him and ordered bail on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act in view of the evidence presented.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- criminal antecedent
- confessional statement
- Arms Act
- B.N.S. 2023
- judicial custody
- evidence
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10268 of 2026
Arising Out of PS. Case No.-509 Year-2024 Thana- BAHADURPUR District- Darbhanga
======================================================
Vikash Kumar Jha S/o- Arun Kumar Jha @ Arun Jha Resident of Village-
Fulhara Police Station- Singhiya and District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Syed Ehteshamuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahadurpur P.S. Case No. 509 of 2024 registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution in short is that some
unknown miscreants have killed the brother of the informant.
The informant believes that Jitu Yadav and his friends have
committed this offence.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
Patna High Court CR. MISC. No.10268 of 2026(2) dt.18-02-2026
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case. During the course of investigation, Jitu Yadav @ Jitendra
Kumar Yaduvanshi has given his confessional statement in
which he has stated that Chandra Bhushan Yadav @ Jhagru
Yadav fired at the deceased. Save and except the confessional
statement of co-accused namely, Jitu Yadav there is nothing
against this petitioner. No role has been attributed to the
petitioner. He also submits that from perusal of the order of the
learned trial court, it will transpire that only one entry and exit
wound was found on the person of the deceased. It means that
only one gun shot was fired at the deceased. He further submits
that the petitioner is languishing in judicial custody since
15.07.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-IX, Darbhanga in
Patna High Court CR. MISC. No.10268 of 2026(2) dt.18-02-2026
3/3
connection with Bahadurpur P.S. Case No. 509 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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