Patna High Court
Abhishek Kumar Jha @ Abhishek Jha @ Ranga @ Ranga RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted regular bail to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Abhishek Kumar Jha, was arrested in connection with a case under sections 310(4) and 310(5) of the Bhartiya Nyaya Sanhita, 2023 and sections 25(1‑B)(a), 26 and 35 of the Arms Act, after a raid recovered a loaded pistol and other items. The petitioner contended that he was falsely implicated and that no incriminating article was found on his person, and he had been in custody for more than six months since 11‑Oct‑2025 with a chargesheet already filed. The State opposed his bail application. The Court, after hearing both sides, considered the seriousness of the allegations, the duration of pre‑trial detention, and the fact that investigation was complete. It held that the petitioner was entitled to regular bail and ordered his release on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied before the District and Additional Sessions Judge‑II, Madhubani.
Issues considered
- Whether the petitioner is eligible for regular bail despite the serious offences under the Bhartiya Nyaya Sanhita and the Arms Act.
- Whether the prolonged pre‑trial custody of more than six months warrants the grant of bail.
- Whether the alleged recovery of a loaded pistol from the accused’s possession affects the bail decision.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bhartiya Nyaya Sanhita, 2023 — s. 310(4), 310(5)
Subjects
- regular bail
- pre‑trial detention
- Arms Act
- Bhartiya Nyaya Sanhita
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29301 of 2026
Arising Out of PS. Case No.-235 Year-2025 Thana- PANDAUL District- Madhubani
======================================================
Abhishek Kumar Jha @ Abhishek Jha @ Ranga @ Ranga Ram S/o
Govardhan Jha Resident of Village - Sarhad, P.S.- Pandaul, District -
Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subhash Kumar Jha, Advocate
Mr. Saurabh Bishwambhar, Advocate
Mr. Chaudhary Prem Kumar Thakur, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with S.T. no.47 of 2026,
arising out of Pandual P.S. Case no.235 of 2025 registered under
sections 310(4) and 310(5) of the Bhartiya Nyaya Sanhita, 2023
and sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. As per the prosecution case, the informant states
that having received information about the accused persons
having gathered and planning to give effect to an occurrence, it
is stated that a raid was conducted. The petitioner and others
were caught. On search, it is stated that a loaded pistol with
three live cartridges were recovered from the possession of the
Patna High Court CR. MISC. No.29301 of 2026(2) dt.07-05-2026
2/2
petitioner besides other articles like mobile phone etc.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No
incriminating article has been recovered from his possession.
The petitioner is in custody for more than six months since
11.10.2025 and chargesheet has been submitted in the case.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner having remained in custody for more than
six months since 11.10.2025 and investigation in the case
having concluded, the petitioner is directed to be enlarged on
bail in connection with S.T. no.47 of 2026, arising out of
Pandual P.S. Case no.235 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned District and
Additional Sessions Judge-II, Madhubani.
(Partha Sarthy, J)
Shiv/-
U T
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