Patna High Court
Vishal Kumar Jha @ Vishal Jha @ RajaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail must be granted as there is no substantive evidence against the petitioner beyond the co‑accused’s confession and similar co‑accused have been released on bail.
Summary
Vishal Kumar Jha was arrested in connection with a murder case (Sections 302, 120(b), 34 IPC and Section 27 Arms Act) where the FIR named unknown assailants. The petitioner’s name surfaced only through a confessional statement of co‑accused Ayush Singh, who had already been granted bail, and CCTV footage allegedly identified other persons. The petitioner, in custody since 28‑02‑2025, sought bail, arguing that no direct evidence linked him to the crime and that other co‑accused with similar antecedents had been bailed. The State opposed bail, but the Court noted the lack of substantive material against the petitioner and the precedent of bail to co‑accused. Consequently, the Court ordered bail on a bond of Rs 10,000 with two sureties, imposing conditions of physical presence in court and cancellation of bail upon non‑appearance.
Issues considered
- Whether bail should be granted to the petitioner accused of murder, criminal conspiracy and illegal arms possession when the only incriminating material is a co‑accused’s confessional statement.
- Whether the petitioner’s alleged delay in appearing before the trial court justifies denial of bail.
- Whether the conditions imposed on bail are appropriate and sufficient to ensure the petitioner’s attendance at trial.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(b), 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- confessional statement
- co‑accused
- trial delay
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55423 of 2025
Arising Out of PS. Case No.-422 Year-2021 Thana- AHIYAPUR District- Muzaffarpur
======================================================
Vishal Kumar Jha @ Vishal Jha @ Raja S/o Late Nand Kishore Jha R/o
Village - Manikchowk, P.S - Runnisaidpur, 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. Md. Fahimuddin, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 12-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 302, 120 (b) and 34 of the I.P.C
and Section 27 of Arms Act.
3. As per the prosecution case, informant’s brother was
shot dead by two unknown persons.
4. Learned counsel for the petitioner submits that the First
Information Report has been lodged against unknown and the name
of the petitioner transpired through the confessional statement of co-
accused, Ayush Singh, who has already been granted bail by an order
dated 16.12.2022 passed in Cr. Misc. No. 55769 of 2022 (Annexure-
P/2). It is further submitted that a number of other co-accused
persons with criminal antecedents have also been granted bail by
different co-ordinate Benches of this Court. Further, submission on
Patna High Court CR. MISC. No.55423 of 2025(3) dt.12-02-2026
2/3
behalf of the petitioner is that it would be evident from the
confessional statement of Ayush Singh recorded in paragraph 29 and
also from the CCTV footage which forms a part of the case diary that
one Kanhayi Singh and Abhishek Mishra had been identified as the
persons who had resorted to firing upon the deceased. The petitioner
is in custody since 28.02.2025 and no substantial progress has been
made in the case.
5. Learned APP for the State opposes the bail petition.
6. Taking into consideration the facts and circumstances of
the case and also considering the fact that beyond confessional
statement there is no other material against the petitioner rather the
thrust of allegation is against other co-accused persons and similarly
situated co-accused persons have already been granted bail by the co-
ordinate Benches of this Court, the above named petitioner is
directed to be enlarged on bail on furnishing bail bond of Rs10,000/-
(Rupees Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Court below where the case is
pending/successor Court in connection with Ahiyapur P.S. Case No.
422 of 2021.
7. However, since it appears that it was on account of
delayed appearance of this petitioner that a delay has been caused in
the trial, let the trial court now proceed without giving any
unnecessary adjournments and in case charges have not been framed
till yet the petitioner shall be available on the next date fixed in the
Patna High Court CR. MISC. No.55423 of 2025(3) dt.12-02-2026
3/3
case for framing of charge.
8. Further, the petitioner shall remain physically present in
court on each and every date during trial and in the event of failure
on two consecutive dates without sufficient reasons, his bail bonds
shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
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