Patna High Court
Vikas Jha @ KaliyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 103, 111(2), 3(5), 61(2)
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
2/3
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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