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Patna High Court

Rahul JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail must be denied as the offence is grave and the petitioner has prior criminal antecedents.

Summary

The petitioner, Rahul Jha, was arrested in May 2025 for alleged involvement in an armed robbery at his office, where four assailants allegedly looted Rs. 1,96,000 and a mobile phone. He sought regular bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023. The prosecution presented a self‑inculpatory statement of a co‑accused that named the petitioner and highlighted his two prior criminal antecedents. The trial court had earlier rejected his bail application on 9 July 2025, and the petitioner filed a second bail petition. Justice Sandeep Kumar, hearing the second application, found the gravity of the offence and the petitioner’s criminal record sufficient to deny bail, and declined to review the earlier order. Consequently, the bail application was dismissed.

Issues considered

  • What is the appropriate consideration for granting bail under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 in a case involving armed robbery?
  • Whether the petitioner’s prior criminal antecedents and the seriousness of the alleged offence justify denial of bail.

Legislation cited

Subjects

  • bail
  • Section 309(4)
  • Bharatiya Nyaya Sanhita
  • armed robbery
  • criminal antecedents
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12068 of 2026
                        Arising Out of PS. Case No.-5 Year-2025 Thana- LALGANJ District- Vaishali
                 ======================================================
                 Rahul Jha S/O Amod Kumar Jha Resident of Village- Bahilwara, Police
                 Station- Saraiya, Dist.- Muzaffarpur.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Sweety Sinha
                 For the Opposite Party/s :        Mr. Akshay Lal Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-02-2026                  Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                                2. This is the 2nd attempt of the petitioner. The

                   petitioner seeks bail in connection with Lalganj P.S. Case No.

                   05 of 2025, registered for the offence under Section 309(4) of

                   the B.N.S., 2023.

                                3. Earlier the bail application of the petitioner was

                   rejected on 09.07.2025 in Cr. Misc. No. 41257 of 2025 which

                   reads as follows:-

                                                         “Heard the learned counsel for
                                              the petitioner and learned APP for the State.
                                                         2. The petitioner, who is in custody
                                              since 01.05.2025, seeks regular bail in
                                              connection with Lalganj P.S. Case No. 05 of
                                              2025 registered for the offence under
                                              Sections 309(4) of the Bharatiya Nyaya
                                              Sanhita, 2023.
            Patna High Court CR. MISC. No.12068 of 2026(2) dt.23-02-2026
                                                        2/2




                                                         3. As per the prosecution case,
                                              four persons entered the office of petitioner
                                              armed with pistol, locked the petitioner in
                                              the bathroom and looted Rs. 1,96,000/-, a
                                              mobile phone and they took the key of the
                                              motorcycle from the cash counter and fled
                                              away.
                                                         4. In the self-inculpatory statement
                                              of the co-accused Raja Mahto @ Raja Babu,
                                              the name of the petitioner has come in the
                                              case. Petitioner has two criminal
                                              antecedents. 6. Considering the allegations
                                              levelled against the petitioner, I am not
                                              inclined to grant bail to the petitioner.
                                              Accordingly, this application for regular bail
                                              is hereby rejected.”

                                   4. Considering the gravity of offence, this Court finds

                      no ground to review its earlier order. Accordingly, this

                      application for regular bail stands rejected.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


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