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Patna High Court

VIKASH KUMAR JHAversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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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