Patna High Court
Baua Kant JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner, finding the evidence insufficient to justify continued custody.
Summary
Baua Kant Jha applied for regular bail in a case involving murder under Sections 103(1) and 61(2) of the B.N.S. and Section 27 of the Arms Act. The prosecution’s case rests mainly on confessional statements of co‑accused Abhilash Jha and the petitioner’s son, Prakash Jha, alleging that the petitioner arranged payment to shooters, but no material evidence of money transfer or other corroboration was presented. The petitioner contended that he was falsely implicated and that the only evidence against him is the confessional statement, which he claims is insufficient. The State opposed bail, citing a prior criminal case and alleging the petitioner’s knowledge of the murder plot. After hearing both sides, the Court found the lack of substantive evidence compelling and ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, directing compliance with the Chief Judicial Magistrate’s conditions.
Issues considered
- What is the adequacy of confessional statements as the sole basis for denying bail?
- Does the petitioner’s alleged involvement, without material evidence of a financial transaction, justify continued detention?
- Should the petitioner’s prior criminal antecedent affect the bail decision?
Legislation cited
Subjects
- bail
- confessional statement
- criminal antecedent
- Arms Act
- murder
- regular bail
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10923 of 2026
Arising Out of PS. Case No.-475 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Baua Kant Jha, Son of Late Ratandev Jha, Resident of Village- Haiderpur,
P.S.- Pandaul, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Ranjan, Advocate
For the State : Mr. Anish Chandra, APP
For the Informant : Mr. N.K. Agrawal, Sr. Advocate
Mr. Saroj Kumar Choudhary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 24-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 103(1) and
61(2) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that while
the husband of the informant was returning home from
Madhubani Railway Station, he was killed by the unknown
miscreants.
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
case. Learned counsel for the petitioner has submitted that the
Patna High Court CR. MISC. No.10923 of 2026(3) dt.24-04-2026
2/3
F.I.R. was lodged against unknown miscreants. During course of
investigation, the name of this petitioner has surfaced in the
confessional statement of co-accused Abhilash Jha. It has
further been submitted that Abilash has named the son of the
petitioner,namely, Prakash Jha and has alleged that Prakash Jha
was involved in arranging the shooters for killing the
informant’s husband (deceased). It has further been submitted
that after the confessional statement of Prakash Jha, the
confessional statement of this petitioner was also recorded
wherein it has only come that he has said his son that to pay the
sum to the shooters. It has further been submitted that the
statement which has been extracted by the police only goes to
show that the petitioner has said his son to pay the sum to the
shooters but no amount of sum has been transferred in the
account of this petitioner. Initially, the son of the petitioner was
implicated and thereupon, the petitioner was implicated on the
basis of confessional statement of Abhilash Jha and the
petitioner himself. It has further been submitted that save and
except the confessional statement, there is nothing against the
petitioner. There is no iota of evidence to show that any sum has
been transferred in the account of this petitioner. Petitioner is
languishing in judicial custody since 25.10.2025.
Patna High Court CR. MISC. No.10923 of 2026(3) dt.24-04-2026
3/3
5. Learned APP appearing for the State and learned
counsel for the informant have vehemently opposed the
application for bail and has submitted that petitioner is having
criminal antecedent of one case. Learned counsel for the
informant has submitted that since he is father of the co-accused
Prakash Jha and he was knowing regarding the plan. He is also
involved in the occurrence.
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 Chief
Judicial Magistrate, Madhubani in connection with Madhubani
Town P.S. Case No. 475 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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