Patna High Court
VIKAS JHA @ BIKASH JHA @ KALIYAversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition is dismissed as there are no new grounds to alter the earlier decision.
Summary
The petitioner, Vikas Jha, sought regular bail in a case registered under Sections 302 and 34 of the IPC and Section 27 of the Arms Act, alleging that he had been in judicial custody since March 2025 without charge framing or witness examination. This was his second bail application after a prior rejection on 16 September 2025, where the court considered his 24 criminal antecedents. The petitioner also highlighted a petition filed under Section 250 of the Bharatiya Nagarik Suraksha Sanhita. The State opposed the bail, arguing there were no new grounds. The court found no fresh material to merit a different decision and therefore rejected the bail petition, directing the trial court to expedite the trial.
Issues considered
- Whether the petitioner is entitled to bail for offences under Sections 302, 34 IPC and Section 27 Arms Act despite having 24 prior criminal antecedents
- Whether the filing of a petition under Section 250 of the Bharatiya Nagarik Suraksha Sanhita constitutes a new ground for bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 250
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- conspiracy
- arms possession
- criminal antecedents
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41332 of 2026
Arising Out of PS. Case No.-62 Year-2023 Thana- PHENHARA District- East Champaran
======================================================
VIKAS JHA @ BIKASH JHA @ KALIYA S/O Subodh Jha Resident of
village- Bathnaha, P.S.- Bathnaha, District- Sitamarhi
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Jha, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 03-07-2026 Heard Mr. Vikash Kumar Jha, learned counsel for
the petitioner and Mr. Choubey Jawahar, learned APP for the
State.
2. The petitioner seeks bail in connection with
Phenhara P.S. Case No. 62 of 2023, instituted for the offences
under Sections 302, 34 of the Indian Penal Code and Section 27
of the Arms Act.
3. This is the second attempt of the petitioner for bail.
The petitioner has renewed his prayer for grant of regular bail
which was earlier rejected by this Court vide order dated
16.09.2025 passed in Cr. Misc. No. 44474 of 2025 taking into
consideration facts and circumstances of the case and twenty-
four criminal antecedents of the petitioner.
Patna High Court CR. MISC. No.41332 of 2026(2) dt.03-07-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 11.03.2025
without any rhymes or reason and has got twenty-four criminal
antecedents. It is further submitted that neither charge has been
framed nor any witness has been examined in this case.
5. As per report dated 19.05.2026, sent by the learned
Trial Court in Cr. Misc. No. 29098 of 2026, it transpires that a
petition under Section 250 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 has been filed on behalf of the petitioner.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. There is no new ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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