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Patna High Court

Jaj Kumar JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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
                                                        2/2




                      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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