Patna High Court
Kailash Kumar Jha @ Uma Shankar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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
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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
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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
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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
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