Patna High Court
Rahul JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4)
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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