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Patna High Court

Vikas Jha @ KaliyaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with specified conditions.

Summary

Vikas Jha was arrested in connection with a shooting case (PS‑751/2024) alleged under Sections 103, 111(2), 61(2) read with 3(5) of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution claimed unknown miscreants killed an informant’s son, while the petitioner asserted his innocence, stating he was incarcerated in Delhi at the time and that only a co‑accused’s confessional statement linked him to the crime. No charge‑sheet had been filed, and his earlier bail application had been rejected. The State highlighted his prior criminal record of twenty‑four cases. After hearing both sides, the court granted bail on the condition of a Rs 10,000 bond, two sureties, personal surety by a close relative, and the petitioner’s cooperation and presence at trial.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences and his prior criminal antecedent
  • Whether the mere mention of the petitioner in a co‑accused’s confessional statement suffices to deny bail

Legislation cited

Subjects

  • bail
  • criminal antecedent
  • confessional statement
  • charges not framed
  • Arms Act
  • Bihar Narcotic Substances Act
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30412 of 2026
                       Arising Out of PS. Case No.-751 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Vikas Jha @ Kaliya S/o- Subodh Jha Resident of Bathnaha P.S- Bathnaha
                 Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vikash Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Danapur P.S. Case No. 751 of 2024 registered for the

                   offence punishable under Sections 103, 111(2), 61(2) read with

                   Section 3(5) of the B.N.S., 2023 and Section 27 of the Arms

                   Act.

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

                   unknown miscreants have shot dead the informant’s son.

                                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. He also submits that the FIR was lodged against unknown

                   miscreants. During the course of investigation, one Vishal
Patna High Court CR. MISC. No.30412 of 2026(2) dt.07-05-2026
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          Kumar Jha @ Vishal Jha has given his confessional statement in

          another case and the name of the petitioner has surfaced in the

          confessional statement of co-accused, Vishal Jha. He further

          submits that admittedly, the petitioner was in jail at Delhi at the

          time of occurrence. Co-accused persons who have given their

          confessional statement in this case, all have stated that they

          belong to the gang of this petitioner. He also submits that in this

          case, in CCTV footage also, three persons were identified. They

          are Kanhai Singh, Mukul Mishra and Karan Jha. He also

          submits that save and except the confessional statement, there is

          nothing against the petitioner. He further submits that earlier the

          bail petition of this petitioner was rejected by the learned

          coordinate Bench of this Court vide Cr. Misc. No. 47637 of

          2025 with a direction to the learned trial court to expedite the

          trial court of the petitioner and conclude the same at the earliest.

          Learned counsel for the petitioner also annexed the order of the

          learned trial court, which goes to show that charges have not

          been framed till today. He further submits that co-accused

          Vikash Jha has been granted bail by the learned coordinate

          Bench of this Court vide Cr. Misc. No. 78208 of 2025. The case

          of this petitioner stands on similar footing. Moreover, the

          petitioner is languishing in judicial custody since 16.05.2025.
           Patna High Court CR. MISC. No.30412 of 2026(2) dt.07-05-2026
                                                       3/3




                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner has criminal

                     antecedent of twenty four cases.

                                  6. 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 with the condition

                     that the petitioner shall cooperate in the trial, shall remain

                     physically present on each and every date fixed by the

                     learned court below and one of the bailors should be his

                     near/close relative. The above named 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 Additional Chief Judicial

                     Magistrate-I, Danapur, Patna in connection with Danapur P.S.

                     Case No. 751 of 2024.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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