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Patna High Court

Madhav Kumar Jha @ Madhav JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

Madhav Kumar Jha was charged with firing on a deceased person, alleged under Section 103(1) and 3(5) of the BNS and Section 27 of the Arms Act. The prosecution presented a post‑mortem report showing multiple gunshot injuries, supporting the allegation. Jha had been in custody since 20 September 2025 and applied for bail. The court examined the seriousness of the offence, the evidentiary material, and the risk of tampering with evidence. Finding the allegations substantiated and the offence grave, the court declined to grant bail. The bail application was dismissed, with the court noting that its observations were limited to the bail question and did not prejudice the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offence and the post‑mortem evidence
  • Whether the nature of the charges under the BNS and Arms Act warrants denial of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • post‑mortem
  • denial of bail
  • trial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27552 of 2026
                     Arising Out of PS. Case No.-124 Year-2025 Thana- PURNAHYA District- Sheohar
                 ======================================================
                 Madhav Kumar Jha @ Madhav Jha S/O Sanjay Jha Resident of Dostiya,
                 Dostiya North, P.S.- Punahiya, Distt.- Sheohar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dwij Raj
                 For the Opposite Party/s :       Mr.Ganesh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner seeks bail in connection with

                   Purnahiya P.S. Case No. 124 of 2025 registered for the offence

                   under Section 103(1), 3(5) of the BNS and under Section 27 of

                   the Arms Act.

                                   3. As per the prosecution case, the petitioner and

                   others are said to have fired upon the deceased which killed

                   him.

                                   4. The petitioner is in custody since 20.09.2025.

                                   5. From the perusal of the post-mortem report, it

                   appears that the deceased has sustained a number of gun shot

                   injuries and therefore the allegations are found to be true.
          Patna High Court CR. MISC. No.27552 of 2026(2) dt.28-04-2026
                                                      2/2




                                    6. Considering the aforesaid facts, Court is not

                    inclined to grant bail to the petitioner.

                                    7. Accordingly, this application is dismissed.

                                    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

                    expressed any opinion on the merits of the case.




                                                                 (Sandeep Kumar, J)
Vikas/-

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