Patna High Court
Jitesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Jitesh Jha, was arrested in connection with the murder of an informant's brother, alleged to have been carried out by firing a gun. He was charged under Sections 103(2) and 61(2) of the Bihar Narcotic Substances Act, 2023, and Section 27 of the Arms Act. The petitioner contended that the FIR only named him as a conspirator and not as the actual shooter, and pointed to the earlier grant of bail to a co-accused. The State opposed bail, citing the seriousness of the offence. The Court, after considering the nature of the accusation and the period of custody, ordered the petitioner’s release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the satisfaction of the concerned court.
Issues considered
- Whether bail should be granted to the petitioner charged with murder and arms offences under the B.N.S., 2023 and the Arms Act.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 103(2), 61(2)
Subjects
- bail
- criminal procedure
- murder
- conspiracy
- arms act
- B.N.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10690 of 2026
Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Jitesh Jha S/o Bhavdeo Jha Resident of Village - Bhairokothi, P.S. and District
- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Jha
For the Opposite Party/s : Mr.Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 103(2), 61(2) of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along
with other named accused persons got the brother of informant
killed by firing gun shot.
4. Learned counsel for the petitioner submits that as
per F.I.R. itself, petitioner is only alleged to be conspirator. It is
not the case of the informant that this petitioner committed
murder of his son. Similarly situated co-accused Ritik Kumar
has already been granted bail by this Court, vide order dated
26.11.2025 passed in Cr.Misc. No. 81637 of 2025. Petitioner is
in custody since 21.11.2025. Chargesheet has been submitted.
Patna High Court CR. MISC. No.10690 of 2026(2) dt.18-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail.
6. Considering the nature of accusation and period of
custody, let the above named petitioner be released on bail on
furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
C.J.M., Sitamarhi / concerned Court in connection with Dumra
P.S. Case No. 418 of 2025.
(Prabhat Kumar Singh, J)
anay
U T
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