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Patna High Court

VISHAL KUMAR JHA @ BISHAL KUMAR JHA @ VISHAL JHA @ RAJA @ VISHALversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

Holding

The bail petition is dismissed; the petitioner is not entitled to bail.

Summary

Vishal Kumar Jha was arrested in connection with a murder case (IPC Sections 302, 34) and an offence under Section 27 of the Arms Act. He applied for regular bail, marking his second attempt after an earlier bail denial. The petitioner argued that he had been in judicial custody since 20‑02‑2025, that charges had not yet been framed, and cited a petition under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail, emphasizing the seriousness of the offences and the petitioner’s seven prior criminal antecedents. The Court found no new ground to revisit the earlier decision and rejected the bail application, directing the trial court to expedite the trial.

Issues considered

  • Whether bail should be granted in a case involving murder (IPC 302, 34) and an arms offence (Section 27 of the Arms Act) given the petitioner’s criminal antecedents and lack of charge framing.
  • Whether the filing of a petition under Section 250 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides a basis for bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • Arms Act
  • criminal antecedents
  • Section 250 BNSS
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.29098 of 2026
                  Arising Out of PS. Case No.-62 Year-2023 Thana- PHENHARA District- East Champaran
                 ======================================================
                 VISHAL KUMAR JHA @ BISHAL KUMAR JHA @ VISHAL JHA @
                 RAJA @ VISHAL S/O LATE NAND KISHORE JHA RESIDENT OF
                 VILLAGE -MANIKCHOWK, P.S- RUNNISAIDPUR, DISTRICT-
                 SITAMARHI

                                                                                 ... ... Petitioner/s
                                                      Versus
                 THE STATE OF BIHAR

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vikash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   03-07-2026                      Heard Mr. Vikash Kumar Jha, learned counsel for

                   the petitioner and Mr. Choubey Jawahar, learned APP for the

                   State.

                            2.      The petitioner seeks bail in connection with

                   Phenhara P.S. Case No. 62 of 2023, instituted for the offences

                   under Sections 302, 34 of the Indian Penal Code and Section 27

                   of the Arms Act.

                            3.      This is the second attempt of the petitioner for bail.

                   The petitioner has renewed his prayer for grant of regular bail

                   which was earlier rejected by this Court vide order dated

                   24.11.2025 passed in Cr. Misc. No. 59054 of 2025 taking into

                   consideration facts and circumstances of the case, nature and
             Patna High Court CR. MISC. No.29098 of 2026(3) dt.03-07-2026
                                                         2/2




                       gravity of the offence.

                               4.      Learned counsel for the petitioner submits that the

                       petitioner is languishing in judicial custody since 20.02.2025

                       without any rhymes or reason and has got seven criminal

                       antecedents. It is further submitted that charge has not yet been

                       framed against the petitioner.

                               5.     As per report dated 19.05.2026, sent by the learned

                       Trial Court, it transpires that a petition under Section 250 of the

                       Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on

                       behalf of the petitioner.

                               6.      Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioner.

                               7.      There is no new ground to consider the bail petition

                       of the petitioner.

                                8.     In view of the above, the prayer for bail of the

                       petitioner is again rejected with a direction to the court below to

                       expedite the trial and conclude the same.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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