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Patna High Court

Raj Kishore JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner on the condition of furnishing a bail bond and sureties.

Summary

The petitioner, Raj Kishore Jha, father of the main accused Raja Ram Kumar, applied for regular bail in a case registered under Section 366‑A of the Indian Penal Code for alleged kidnapping. He claimed innocence, stating he was falsely implicated and has a clean antecedent, having been in custody since 15‑12‑2025. The State opposed the bail. The Court considered that the petitioner had no specific role in the alleged offence and possessed a clean record. Accordingly, the bail application was allowed, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties of the same amount. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner, being the father of the main accused and having no specific role, is eligible for regular bail under Section 366‑A IPC.

Legislation cited

Subjects

  • bail
  • Section 366‑A IPC
  • kidnapping
  • false implication
  • clean antecedent
  • Indian Penal Code
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20837 of 2026
                      Arising Out of PS. Case No.-631 Year-2023 Thana- BARAUNI District- Begusarai
                 ======================================================
                 Raj Kishore Jha S/O Late Jangli Jha Resident of Village- Bihat Jagirtola,
                 Ward No. 25, P.S- Barauni (FCI OP), Distt.- Begusarai.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rinku Devi W/O Pankaj Singh R/O Village- Bihat Jagirtola, Ward no. 24,
                 P.S- Barauni (FCI O.P.), Distt.- Begusarai.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shashi Dhar Jha, Advocate
                 For the State            :        Mr.Shailendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Barauni P.S. (FCI O.P.) Case No. 631 of 2023 registered for the

                   offence punishable under Section 366-A of the Indian Penal

                   Code.

                                 3. The petitioner is the father of the main accused

                   Raja Ram Kumar, who is alleged to have kidnapped the victim.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. The petitioner is in custody since 15.12.2025 having

                   clean antecedent.
           Patna High Court CR. MISC. No.20837 of 2026(2) dt.30-04-2026
                                                       2/2




                                  5. Learned APP appearing for the State opposes the

                     prayer for regular bail of the petitioner.

                                  6. Considering the fact that the present petitioner is

                     the father of the main accused having no specific role and the

                     fact that the petitioner has clean antecedent, this application is

                     allowed.

                                  7. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     District and Additional Sessions Judge, VI cum Special Judge

                     POCSO Act, Begusarai/ concerned Court in connection with

                     Barauni P.S. (FCI O.P.) Case No. 631 of 2023.

                                  8. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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