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Patna High Court

Raghav Jha @ Chintu @ Chintu Jha @ Raghab KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail petition is dismissed as there are no new grounds to alter the earlier decision.

Summary

The petitioner, Raghav Jha, was arrested in June 2024 and charged under multiple serious provisions of the Indian Penal Code, including murder and attempt to murder. He applied for regular bail, having already been denied once by the same High Court in July 2025. Counsel argued that the petitioner had been in judicial custody for an extended period and that the trial was unlikely to conclude soon. The State opposed bail, relying on a Supreme Court decision that courts should be reluctant to grant bail in serious offences once trial has commenced. The High Court found no new material or ground to revisit its earlier decision and consequently rejected the bail application, directing the trial court to expedite the proceedings.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences and the absence of new grounds since the earlier denial.

Legislation cited

Subjects

  • bail
  • serious offences
  • Indian Penal Code
  • trial delay
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10990 of 2026
                    Arising Out of PS. Case No.-69 Year-2023 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Raghav Jha @ Chintu @ Chintu Jha @ Raghab Kumar Son of Ram Bilash
                 Jha @ Ram Vilash Jha Resident of Village- Salampur, Post Office- Rupauli
                 Buzurg, P.S.- Mushrigharari, District- Samastipur



                                                                                   ... ... Petitioner/s
                                                       Versus


                 The State of Bihar



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-02-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2.       The petitioner seeks bail in connection with S.T.

                   No. 629 of 2024, arising out of Bibhutipur P.S. Case No. 69 of

                   2023 instituted for the offences under Sections 147, 148, 149,

                   341, 323, 302, 307, 504 & 506 of the Indian Penal Code.

                           3.       This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected on merit by this Court vide order

                   dated 02.07.2025, passed in Cr. Misc. No. 17849 of 2025, taking
Patna High Court CR. MISC. No.10990 of 2026(2) dt.13-02-2026
                                            2/3




          into account the nature and gravity of the offence as also the fact

          that trial was in progress.

                   4.     Learned counsel for the petitioner submits that the

          petitioner is languishing in judicial custody since 12.06.2024

          without any rhymes or reason, having five (5) criminal

          antecedents. Learned counsel for the petitioner submits that

          there is no likelihood of the trial being concluded in the near

          future, hence, petitioner may be enlarged on bail.

                   6.     Learned APP for the State opposes the prayer for

          grant of bail. Learned APP has further relied upon a decision of

          the Hon’ble Apex Court reported in 2024 SCC Online SC 3539

          (X. vs. State of Rajasthan & Anr.), wherein in paragraph No.14,

          Hon’ble Apex Court has observed as under:

                                                           “14.     Ordinarily     in
                                          serious offences like rape, murder,
                                          dacoity,       etc.,    once   the     trial
                                          commences and the prosecution starts
                                          examining its witnesses, the Court be
                                          it the Trial Court or the High Court
                                          should be loath in entertaining the
                                          bail application of the accused.”
                   7.     There is no new ground to consider the bail petition

          of the petitioner, which is already decided by this Court on

          merit.
           Patna High Court CR. MISC. No.10990 of 2026(2) dt.13-02-2026
                                                       3/3




                             8.      In view of the above, the prayer for bail of the

                     petitioner is again rejected with a direction to the court below to

                     expedite the trial and conclude the same expeditiously.


                                                                 (Rudra Prakash Mishra, J)

Raj Kishore/-
U      T


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