Created by Fuzzy Cloud

Patna High Court

Baua Kant JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.