Patna High Court
Rajendra JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court held that the petitioner is entitled to regular bail as the primary allegation of firing rests on co‑accused and there is no substantive proof of his participation.
Summary
The petitioner, Rajendra Jha, applied for regular bail in a case registered under sections 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act. The FIR alleged that co‑accused Krishna Jha and Badal Jha fired at the informant, causing injury, while also alleging that the petitioner repeatedly assaulted the informant. The petitioner contended that he was falsely implicated and had no prior criminal record, having been in custody since 26‑11‑2025. The State opposed bail, emphasizing the direct allegation against the petitioner of assault. After hearing both sides, the court noted that the firing allegation rested on the other co‑accused and that the petitioner had been detained for an extended period without proven involvement. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 109 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 and section 27 of the Arms Act despite allegations in the FIR.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 3(5)
Subjects
- regular bail
- Bhartiya Nyaya Sanhita
- Arms Act
- false implication
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12378 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- BOKHRA District- Sitamarhi
======================================================
Rajendra Jha S/o Late Dayanand Jha @ Late Gunand Jha R/o village-
Budhnagra, PS- Bokhara, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shamir Mehra, Advocate
Mr. Anil Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
Mr. Santosh Kumar, Advocate
Mr. Md. Mobassar Ali, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 26-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bokhra P.S. Case no.197
of 2025 registered under sections 109 and 3 (5) of the Bhartiya
Nyaya Sanhita, 2023 and section 27 of the Arms Act.
3. As per the prosecution case, the informant states
that the five named accused persons including the petitioner
herein have been causing trouble to the informant since last
several months. It is further stated that on the date of
occurrence, co-accused Krishna Jha and Badal Jha resorted to
firing as a result of which the informant sustained firearm injury.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. Accepting the
allegations levelled in the FIR for the sake of argument, the
Patna High Court CR. MISC. No.12378 of 2026(2) dt.26-02-2026
2/2
allegation of firing is on the two other co-accused and not the
petitioner herein. The petitioner is in custody since 26.11.2025
and has no criminal antecedent.
5. The application for bail is opposed by learned A.P.P
for the State and learned counsel for the informant. It is
submitted by learned counsel for the informant that not only the
petitioner is named in the FIR but there is direct allegation
against him of repeatedly assaulting the informant and others.
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
allegation of firing upon the informant being on the other two
co-accused and not the petitioner herein together with the
petitioner having remained in custody since 26.11.2025, the
petitioner is directed to be enlarged on bail in connection with
Bokhra P.S. Case no.197 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Sub-Divisional
Judicial Magistrate, Pupri, District-Sitamarhi.
(Partha Sarthy, J)
Shiv/-
U T
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