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Patna High Court

Prakash Jha @ Prakash Kumar Jha @ Jai Prakash Kumar JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Prakash Jha, was charged with murder (IPC s.302), criminal conspiracy (IPC s.120B) and illegal possession of a firearm (Arms Act s.27) after his husband was shot dead. The informant, the deceased's wife, alleged that a colleague, Raj Kamal Thakur, had a motive to kill her husband and that the petitioner may have been involved, based largely on confessional statements of co‑accused. The petitioner’s counsel argued that the evidence was weak, noting only a single chest wound and that the informant was not an eye‑witness, and that the main accusation should be against Raj Kamal Thakur, who had already been granted bail. The State opposed the bail, relying on the confessional statements implicating the petitioner. Considering the lack of direct evidence and the petitioner’s prolonged custody since June 2024, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged under IPC sections 302 and 120B and Arms Act section 27.
  • Whether the confessional statements of co‑accused and the informant’s testimony constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • regular bail
  • murder
  • criminal conspiracy
  • Arms Act
  • confessional statement
  • evidence
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73792 of 2025
                     Arising Out of PS. Case No.-225 Year-2024 Thana- MADHUBANI TOWN District-
                                                       Madhubani
                 ======================================================
                 Prakash Jha @ Prakash Kumar Jha @ Jai Prakash Kumar Jha, S/O Bhola Jha,
                 Resident of village -Thadhi, P.S- Andhara Thadhi, Dist.- Madhubani

                                                                               ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. ubhash Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Mukesh Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   05-02-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 302 and

                   120(B) of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                3. The case of the prosecution, in short, is that while

                   the informant was cooking food at her house, she heard the

                   sound of firing when she came out from her house, she found

                   that her husband received gun shot injury and was in a pool of

                   blood. She took her husband to the hospital with the help of

                   neighbors where husband was declared dead. It is further

                   alleged that her husband was working in Maharani Honda
Patna High Court CR. MISC. No.73792 of 2025(4) dt.05-02-2026
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          Agency from last ten years as an Accountant. Her husband was

          told her 2-3 days prior to the occurrence that one of the

          colleague, Raj Kamal Thakur has defalcated Rs. 1,80,000/- of

          the company regarding which he had knowledge and told him

          not to disclose it to the owner. He was promised to give share in

          that defalcated money but when the husband of the informant

          denied, Raj Kamal Thakur has threatened him of consequences.

          The informant believes that her husband was killed by tRaj

          Kamal Thakur by hatching a conspiracy.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has committed no offence. He

          has falsely been implicated in the present case. From perusal of

          the F.I.R., it is clear that the deceased was having enmity with

          one Raj Kamal Thakur. The informant is not the eye witness of

          this case. During course of investigation, only on the basis of

          confessional statement of the petitioner and other co-accused

          persons, the name of this petitioner has surfaced in this case. It

          has further been submitted that as per the confessional

          statement, the role which is attributed against the petitioner is

          that he has fired from the back. Learned counsel for the

          petitioner has submitted that from perusal of the postmortem

          report it will transpire that there is only one entry wound i.e. on
Patna High Court CR. MISC. No.73792 of 2025(4) dt.05-02-2026
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          the chest. It has further been submitted that the petitioner and

          one Raj Kamal Thakur both were apprehended. From a room

          and from the possession of this petitioner, one country made

          pistol was recovered. It has further been submitted that main

          thrust of allegation is against co-accused Raj Kamal Thakur who

          has already been granted bail by this Court vide order dated

          26.09.2025 passed in Cr. Misc.No. 70354 of 2025. The case of

          the petitioner stands on better footing. Moreover, the petitioner

          is languishing in judicial custody since 01.06.2024. It has also

          been submitted that in this case, during trial the informant has

          been examined as P.W. 6 and from perusal of the evidence of

          informant it is clear that informant has stated that she came out

          of her house after hearing the sound of firing and saw that

          Dheeraj Kumar (deceased) has received gunshot injury. The

          gunshot injury was near nipple of the left side. She has further

          stated that Raj Kamal Thakur and others have threatened her, if

          she will go to hospital, she and her children will be killed. Main

          thrust of allegation in her examination-in-chief is against co-

          accused Raj Kamal Thakur. In para 55 of the case diary, this

          witness has stated that she has seen that part of the occurrence

          where three persons were fled away after firing. She heard the

          sound of firing in her room and came out of the room. As she
             Patna High Court CR. MISC. No.73792 of 2025(4) dt.05-02-2026
                                                         4/4




                       reached near her husband, she found no one there. It has also

                       been submitted that from the evidence of the informant, it is

                       quite clear that she is not the eye witness.

                                    5. Learned APP appearing for the State and learned

                       counsel for the informant have vehemently opposed the prayer

                       of regular bail. Learned counsel for the informant has submitted

                       that there is allegation against the petitioner is that he has fired

                       at the deceased which has emerged from the confessional

                       statement of the petitioner and co-accused persons.

                                    6. Considering the aforesaid facts and circumstances

                       of the case, this court is inclined to enlarge the petitioner on

                       bail. The above named petitioner is directed to be released on

                       bail in connection with Madhubani Town P.S. Case No. 225 of

                       2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with

                       two sureties of the like amount each to the satisfaction of

                       learned Additional Sessions Judge-3rd, Madhubani with the

                       condition that petitioner shall cooperate in trial and shall

                       remain physically present on each and every date.


                                                     (Ashok Kumar Pandey, J)

lata/-
U        T


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