Patna High Court
Chandan Jha @ Chandan Kumar Jha @ Prem Prakash JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Chandan Jha, was arrested in connection with a murder case (PS Case No. 509 of 2024) alleged under Sections 103(1) and 3(5) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution alleged that unknown miscreants killed the informant's brother and that Jitu Yadav and his associates were responsible. The petitioner’s counsel argued that he was falsely implicated, citing a confessional statement of co‑accused Jitu Yadav that another person, Chandra Bhushan Yadav, fired the fatal shot, and noting that the autopsy showed only a single entry‑exit wound. The State opposed bail, pointing to the petitioner’s prior criminal case. After hearing both sides, the High Court found the evidence insufficient to justify continued detention and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner in a murder and arms offence case given the available evidence and the petitioner’s alleged criminal antecedent.
Legislation cited
- Arms Act — s. 27
- B.N.S., 2023 — s. 103(1), 3(5)
Subjects
- bail
- murder
- Arms Act
- confessional statement
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17215 of 2026
Arising Out of PS. Case No.-509 Year-2024 Thana- BAHADURPUR District- Darbhanga
======================================================
Chandan Jha @ Chandan Kumar Jha @ Prem Prakash Jha S/o Heerakant Jha
R/o Vill- Mahathwal, P.S.- Ghanshyampur, Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dineshwar Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Bahadurpur P.S. Case No. 509 of 2024 registered for the
offence punishable under Sections 103(1) and 3(5) of the
B.N.S., 2023 and Section 27 of the Arms Act.
3. The case of the prosecution in short is that some
unknown miscreants have killed the brother of the informant.
The informant believes that Jitu Yadav and his friends have
committed this offence.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. During the course of investigation, Jitu Yadav @ Jitendra
Kumar Yaduvanshi has given his confessional statement in
Patna High Court CR. MISC. No.17215 of 2026(2) dt.18-03-2026
2/2
which he has stated that Chandra Bhushan Yadav @ Jhagru
Yadav fired at the deceased. Save and except the confessional
statement of co-accused namely, Jitu Yadav there is nothing
against this petitioner. No role has been attributed to the
petitioner. He also submits that from perusal of the order of the
learned trial court, it will transpire that only one entry and exit
wound was found on the person of the deceased. It means that
only one gun shot was fired at the deceased.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate-IX, Darbhanga in
connection with Bahadurpur P.S. Case No. 509 of 2024.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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