Patna High Court
Keshav JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Keshav Jha, was arrested in connection with a shooting incident that resulted in injuries to the informant's brother. The prosecution alleged that Jha, along with an associate, shot the victim after a dispute involving family relations and alleged drunkenness. Jha sought bail, arguing that the FIR was based on a money dispute and that the medical report did not corroborate the alleged injury to his chest. The State opposed bail, citing three prior cases against Jha, though he was on bail in two and acquitted in one. The High Court considered the facts, the charge sheet, and the petitioner’s antecedents, and granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the petitioner’s prior criminal antecedents justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Narcotic Substances Act — s. 109(1), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- Bihar Narcotic Substances Act
- antecedent
- court conditions
- shooting incident
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30518 of 2026
Arising Out of PS. Case No.-308 Year-2025 Thana- NAUGACHIA District- Bhagalpur
======================================================
Keshav Jha S/o Lalit Jha Resident of Village- Ghat Thakurbari Naugachia,
P.S.- Naugachia, District- Bhagalpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ritwaj Raman
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
25.11.2025 in connection with Naugachia P.S. Case No. 308 of
2025 for the offences punishable under Sections 109(1), 3(5) of
BNS and Sections 25(1-b)a, 26, 27 and 35 of Arms Act.
3. The case of the prosecution, in brief, is that in the
night of 24.09.2025 at around 10:15 pm, when the informant's
brother Mohammad Shahrukh Ansari was in his house, he
received a call on his mobile phone and after informing that he
would be back in 10 minutes, he left the house. It has further
been alleged that at around 10:35 pm, there was an uproar that
the informant's brother Mohammad Shahrukh Ansari had been
shot, on receiving the information about the incident, the
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informant along with his family members reached near the
house of Professor Shyan Jama, where the informant's brother
Shahrukh was lying drenched in blood. It has further been
alleged that when these people questioned their injured brother
Mohammad Shahrukh Ansari about the incident, Shahrukh told
that on the advice of Keshav Jha (Petitioner), who lives near
Dharamshala, he left the house and reached Dr.
Ittifaq's clinic in Mumtaz Mohalla and saw that Dhanik
Chandra, a resident of Makhatakiya, was present with Keshav
Jha (Petitioner). Then, while the brother of the Informant was
talking among themselve, near Ritesh grocery shop located near
Shankar's house in Mumtaz Mohalla, Dhanik Chandra suddenly
started abusing the brother of the Informant and Keshav Jha
(Petitioner) caught hold of his collar and started pulling him.
When the brother of the Informant protested, Keshav Jha
(Petitioner) took out a weapon from his waist and shot him,
keeping it close to his chest. When the brother of the Informant
asked why he did this, then Dhanik Chandra fired another shot
on his shoulder and Keshav Jha (Petitioner) again tried to shoot,
then the brother of the Petitioner ran towards his house. It has
further been alleged that the reason for the dispute is that the
brother of the Informant used to talk to Dhanik Chandra's sister-
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in-law Jyoti Kumari. Meanwhile, a few days ago, Jyoti Kumari's
brother tried to commit suicide over some issue and brother of
the Informant helped Jyoti's brother in his treatment, which Jyoti
Kumari's brother-in-law Dhanik Chandra did not like. Due to
this, a few days ago, the brother of the Informant had a dispute
with Dhanik Chandra and Dhanik Chandra along with his
criminal friend Keshav Jha (Petitioner) called him and shot. It
has further been alleged that Keshav Jha and Dhanik Chandra
were drunk at the time of the incident. The informant's brother
Mohammad Shahrukh told all these things to the Informant and
the family members in his injured condition. Then they took the
injured brother to the sub-divisional hospital Navgachhiya from
where he was referred to Bhagalpur for better treatment.
4. Learned counsel for the petitioner submits that it
appears from the FIR that due to some money transactions, the
present occurrence has taken place although petitioner is named
in the FIR and there is specific allegation that he has fired upon
the victim/injured person upon his chest but the medical report
does not support the allegation as alleged in the FIR. Apart from
that the statement of the injured person has been recorded which
is mentioned in paragraph no. 52 of the case diary in which he
has stated that the petitioner has fired upon the him which hit on
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the shoulder of the injured person and he has stated that the co-
accused person, namely, Dhanik Chandra has fired upon his
stomach and he has been granted bail vide order dated
20.11.2025 by the learned court below itself (Annexure-2) and
police after investigation has submitted charge-sheet and the
petitioner is in custody since 25.11.2025.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner and
submits that petitioner has antecedent of three cases other than
the present case but fairly submits that the petitioner is on bail in
two cases and in one case the petitioner has been acquitted by
the learned trial court.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-I, Naugachia in connection with
Naugachia P.S. Case No. 308 of 2025, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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