Created by Fuzzy Cloud

Patna High Court

Kailash Kumar Jha @ Uma Shankar JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner on a bond of Rs. 10,000 with two sureties.

Summary

The petitioner, Kailash Kumar Jha, was arrested in connection with a murder case (Sections 103(1) and 61(2) of the B.N.S.) and several offences under the Arms Act. The prosecution alleged that the victim was killed after being threatened by co‑accused, and that a bike registered in the petitioner's name was used in the crime, with the petitioner allegedly aware that the bike was bought with cash obtained for the murder. The petitioner contended that he was never named in the FIR, that his name only appeared in a co‑accused’s confessional statement, and that he had no role in the conspiracy, citing his clean record and the fact that a similar co‑accused had already been granted bail. The State and the informant opposed bail, arguing that the petitioner knew about the illicit cash and facilitated the crime. After hearing both sides, the court found the allegations insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs. 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder and multiple arms offences.
  • Whether ownership of a vehicle used in the commission of the crime, without direct participation, justifies denial of bail.
  • Whether alleged knowledge of the conspiracy and alleged receipt of illicit cash affect the bail application.

Legislation cited

  • Arms Act — s. 25(1-b)a, 26, 27, 35
  • B.N.S. — s. 103(1), 111(2)(a), 61(2)

Subjects

  • regular bail
  • murder
  • Arms Act
  • confessional statement
  • vehicle ownership
  • criminal procedure
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25722 of 2026
                     Arising Out of PS. Case No.-475 Year-2025 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Kailash Kumar Jha @ Uma Shankar Jha S/O Sunil Kumar Jha @ Suneel
                 Kumar Jha R/O Village- Salempur, P.S- Pandaul, Distt.- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Murari Narain Chaudhary, Advocate
                                                 Mr. Aniket Kumar, Advocate
                                                 Mr. Brahmanand Kumar, Advocate
                 For the Informant      :        Mr. Saroj Kumar Choudhar, Advocate
                 For the State          :        Mr. Md. Matloob Rab, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   19-06-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                 2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 103(1) and

                   61(2) of the B.N.S. and Section 27 of the Arms Act but

                   subsequently Section 111(2)(a) of B.N.S. and Sections 25(1-b)a,

                   26 and 35 of the Arms Act were added.

                                 3. The case of the prosecution, in short, is that the

                   husband of the informant had gone to the State Information

                   Commission, Patna in connection with a case and in course of

                   returning home from Madhubani station, he was killed. It is

                   further alleged that Pravin Kumar and Satish Kumar had
Patna High Court CR. MISC. No.25722 of 2026(3) dt.19-06-2026
                                            2/4




          threatened him of dire consequences. It is also alleged that the

          deceased used to raise voice against corruption and the named

          accused persons had threatened him of dire consequences.

                       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. Learned counsel for the petitioner has submitted that name

          of this petitioner in not there in the F.I.R. His name has surfaced

          during investigation in the confessional statement of co-accused

          Md. Nazre Alam. It has further been submitted that according to

          the confessional statement of co-accused Md. Nazre Alam, the

          bike which was purchased in the name of this petitioner was

          used in the crime and one Ravi Ranjan was directed to keep an

          eye on the bike of the deceased from the parking area where the

          deceased has parked his bike. As soon as the deceased moved

          with his bike, Ravi Ranjan informed the main assailant Md.

          Nazre Alam. It has further been stated by Md. Nazre Alam that

          Chandan Yadav was driving the bike and Nazre Alam was

          pillion rider who has fired at the deceased.

                       5. Learned counsel for the petitioner has further

          submitted that in this case, Md. Nazre Alam is the main

          assailant. Only thing which has come during investigation is that
Patna High Court CR. MISC. No.25722 of 2026(3) dt.19-06-2026
                                            3/4




          the bike which was recovered and used in the crime was in the

          name of this petitioner.

                       6. Learned counsel for the petitioner has further

          submitted that admittedly, the bike was purchased in the name

          of this petitioner but save and except that he has purchase the

          bike from the cash which was taken by his brother, there is

          nothing against him. He has got no role in the occurrence nor in

          the conspiracy. It has further been submitted that similarly

          situated co-accused Ravi Ranjan has already been granted bail

          by this Court vide Cr. Misc. No. 14089 of 2026. Petitioner is

          having no criminal antecedent and he is languishing in judicial

          custody since 25.10.2025.

                       7. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the

          application for bail. Learned counsel for the informant has

          submitted that in para ‘59’ of the case diary, it has come that the

          petitioner was knowing that his brother Abhilash Jha has taken

          cash from somebody for killing the deceased and that he has

          purchased the bike out of that cash.

                       8. 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
             Patna High Court CR. MISC. No.25722 of 2026(3) dt.19-06-2026
                                                         4/4




                       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 C.J.M.,

                       Madhubani in connection with Madhubani Town P.S. Case No.

                       475 of 2025.


                                                         (Ashok Kumar Pandey, J)

lata/-
U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.