Patna High Court
Prakash Jha @ Kari JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The court held that bail should be granted to the petitioner subject to prescribed conditions.
Summary
The petitioner, Prakash Jha, was arrested on allegations that he threatened to shoot the informant's son with a country‑made pistol and was subsequently handed over to police. He contended that he was falsely implicated due to village politics and had no incriminating material recovered from his possession. The prosecution relied on the informant’s statement and charged him under Sections 126(2), 352, 351(2) of the BNS and Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The State opposed bail, arguing the seriousness of the offences, while the petitioner’s counsel highlighted his clean antecedents and prolonged pre‑trial detention since 11 October 2025. The court, considering the lack of physical evidence, the petitioner’s clean record, and the duration of custody, ordered his release on regular bail with a bond of Rs 10,000 and two sureties, subject to conditions of personal appearance and a family member as bailor.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the BNS and Arms Act.
- Whether the prosecution’s evidence is sufficient to justify denial of bail.
- Whether the length of pre‑trial detention and alleged political motive warrant bail.
Legislation cited
Subjects
- regular bail
- pre‑trial detention
- Arms Act
- political vendetta
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1192 of 2026
Arising Out of PS. Case No.-126 Year-2025 Thana- LAKHNAUR District- Madhubani
======================================================
Prakash Jha @ Kari Jha s/o Laxmikant Jha @ Laxmi Kant Jha R/O Village-
Laufa, Ward No.-9, PS- Lakhnaour, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
Ms. Nitu Kumari
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Lakhnaur P.S. Case No.
126 of 2025 registered for the offences punishable under
Sections 126(2), 352, 351(2) of BNS and Section 25(1-b)a, 26
and 35 of the Arms Act.
3. The prosecution case according to informant is that
on 11.10.2025 at about 1:45 AM accused Prakash Jha threatened
by a country made pistol and was saying that he had come to
shoot Chandan Jha, the son of informant and later he was
apprehended by villagers and the country made pistol and
accused was handed over to the police.
Patna High Court CR. MISC. No.1192 of 2026(2) dt.15-01-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. No occurrence in the manner as alleged has ever taken
place and entire prosecution case is full of concoction and
fabrication. Nothing incriminating has been recovered from the
conscious possession of the petitioner. The petitioner has been
implicated in the present case only on the basis of dirty village
politics and previous enmity. Petitioner is languishing in judicial
custody since 11.10.2025. A statement has been made in para 3
of the bail petition that petitioner has clean antecedent.
5. Learned A.P.P. appearing on behalf of the State has
vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering
the period under custody, let the petitioner, above named, be
released on bail after framing of charge on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate,-I, Jhanjharpur, Madhubani in connection
with Lakhnaur P.S. Case No. 126 of 2025 subject to the
following conditions :-
(i). Petitioner will remain physically present in trial on
each and every date till the disposal of the case failing which, on
two consecutive dates without reasonable cause, the bail bond of
Patna High Court CR. MISC. No.1192 of 2026(2) dt.15-01-2026
3/3
the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
Checking your session…