Patna High Court
Jatashankar Prasad @ Jatashankar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties, and specified conditions.
Summary
The petitioner, Jatashankar Prasad, was arrested on 19 January 2026 in connection with FIR No. 23/2025 alleging that he, along with co‑accused, threatened to kill an informant and that a co‑accused fired a weapon injuring the informant. The petitioner contended that he was falsely implicated, was not named in the FIR, and that only Alok Mishra discharged the firearm. The prosecution opposed bail, highlighting the petitioner’s presence with the co‑accused and his three prior criminal antecedents (one acquitted, two on bail). The court examined the seriousness of the offences under Sections 126(2), 118(1), 109, 3(5) of the Bharatiya Nyay Sanhita, 2023 and Section 27 of the Arms Act, and the petitioner’s antecedents. Considering the circumstances, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences and his criminal antecedents
- Whether the petitioner was properly implicated in the FIR and the charge sheet
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyay Sanhita, 2023 — s. 109, 118(1), 126(2), 3(5)
Subjects
- bail
- criminal procedure
- arms act
- Bharatiya Nyay Sanhita
- criminal antecedents
- threat to kill
- injury
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38699 of 2026
Arising Out of PS. Case No.-196 Year-2025 Thana- SIRISIYA District- West Champaran
======================================================
Jatashankar Prasad @ Jatashankar Kushwaha Son of Late Rama Prasad
Resident of Village- Sabeya Chargaha, P.S.- Sirisiya, District- West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishore Mishra, Advocate
: Mr. Avinash Raj, Advocate
For the Opposite Party/s : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr. Brij Kishore Mishra, learned counsel for
the petitioner as well as Md. Ataur Rahman, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
19.01.2026 in connection with Sirisiya P.S. Case No. 196 of
2025, F.I.R. dated 23.11.2025 for the offences punishable under
Sections 126(2), 118(1), 109 and 3(5) of the Bharatiya Nyay
Sanhita, 2023 and 27 of Arms Act.
3. According to prosecution case, the informant
alleged that on 22.11.2025, when he went to attend a marriage
ceremony then, while returning, the petitioner along with other
co-accused persons suddenly came and said to kill him.
Thereafter one of the accused persons fired upon him due to
Patna High Court CR. MISC. No.38699 of 2026(2) dt.22-06-2026
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which he got injured and thereafter taken to hospital for
treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. The allegation levelled against the petitioner is
false and fabricated. The petitioner is not named in the FIR and
from bare perusal of the FIR it appears that co-accused, Alok
Mishra has fired upon the informant due which the informant
received injury. He next submits that there is no specific
allegation against the petitioner. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 19.01.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner had accompanied with the co-accused
persons and apart from that petitioner carries three criminal
antecedents in which he has been acquitted in one case and on
bail in two cases.
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 Judicial
Patna High Court CR. MISC. No.38699 of 2026(2) dt.22-06-2026
3/3
Magistrate First Class, Bettiah, West Champaran in connection
with Sirisiya P.S. Case No. 196 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
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)
Suruchi/-
U T
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