Patna High Court
Jaj Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed.
Summary
The petitioner, Jaj Kumar Jha, applied for regular bail under Section 80 of the B.N.S., 2023 in a case alleging he killed his wife. He claimed innocence, asserting the death was a suicide and that the post‑mortem report was pending, and highlighted his clean antecedents and eight months of custody. The State opposed the bail, emphasizing the seriousness of the murder allegation. The Court, considering the nature of the accusation, dismissed the bail application, but allowed the petitioner to approach the Court if the trial is unduly delayed. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail can be granted to the accused under Section 80 of the B.N.S., 2023 in a murder allegation.
Legislation cited
- B.N.S., 2023 — s. 80
Subjects
- regular bail
- Section 80
- B.N.S. 2023
- murder allegation
- suicide claim
- trial delay
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7463 of 2026
Arising Out of PS. Case No.-303 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Jaj Kumar Jha S/O Lalan Jha R/O Village- Riga, Ward No. 14, P.S- Riga,
Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Ashhar Mustafa, Advocate
Ms. Anita Kumari, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Riga P.S. Case No. 303 of 2025 registered for the offence under
Section 80 of the B.N.S., 2023.
3. The petitioner is the husband of the deceased. He is
said to have killed the deceased.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 10.08.2025 and has clean
antecedent. He further submits that the deceased had committed
suicide but the viscera report is still awaited. Though, the
petitioner is in jail for last eight months and the trial is not
Patna High Court CR. MISC. No.7463 of 2026(4) dt.09-04-2026
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proceeded.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the nature of allegation as alleged
against the petitioner, this application for regular bail is
dismissed.
7. The petitioner is given liberty to approach this
Court if the trial is delayed by the prosecution.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Ranjeet/-
U T
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