Patna High Court
Debasis Jha @ Dabasis Kumar @ Bramha JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
Debasis Jha was arrested in connection with a case alleging that he and co‑accused intercepted the informant's husband and fired a shot at his head, violating Sections 109(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner pleaded innocence, claiming no incriminating material was found on him, that the allegations were vague and stemmed from a family dispute, and that he had been in custody since 12‑06‑2025 despite having four prior criminal records. The State and the informant opposed bail, arguing the seriousness of the offences. The Court, after considering the custody period, lack of direct evidence, and the petitioner's claims, decided to grant bail subject to strict conditions, including surety, appearance, non‑tampering with evidence, and no further offences. The bail order required a bond of Rs. 15,000 with two sureties and imposed several compliance conditions.
Issues considered
- Whether bail should be granted to the accused in a case involving offences under the Bharatiya Nyaya Sanhita and the Arms Act despite the seriousness of the alleged crime and prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(2), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- attempted murder
- family dispute
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77712 of 2025
Arising Out of PS. Case No.-438 Year-2025 Thana- KATIHAR NAGAR District- Katihar
======================================================
Debasis Jha @ Dabasis Kumar @ Bramha Jha S/o- Murlidhar Jha Resident of
Village- Naya Tola Katihar ward No- 34 PS-Katihar Nagar, Dist- Katihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sima Devi W/o- Shyam Sunder Jha @ Kalu Jha R/v- Naya Tola Katihar
Shiv Mandir Chauk W.No-34, Ps- Katihar Town Dist- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Narayan Yadav, Advocate
For the Opposite Party/s : Mrs. Rita Verma, APP
For the Informant : Mrs. Vaishnavi Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 04-02-2026 Heard learned counsel for the petitioner, learned
APP for the State, learned counsel for the informant and perused
the case diary.
2. The petitioner seeks bail in connection with Katihar
Town P.S. Case No. 438 of 2025, instituted for the offences
punishable under Sections 109(2), 61(2), 3(5) of the Bharatiya
Nyaya Sanhita, 2023 and Section 27 of the Arms Act.
3. The prosecution case, in short, is that while
husband of the informant was returning to his home, the
petitioner along with other co-accused persons intercepted him
and fired a gunshot on his head due to which he sustained injury
and fell down on the spot.
Patna High Court CR. MISC. No.77712 of 2025(3) dt.04-02-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Charge-sheet has been submitted in this case. No
incriminating material has been recovered from the conscious
possession of the petitioner. Learned counsel for the petitioner
also submitted that no specific allegation of firing has been
attributed against the petitioner rather the same is general and
omnibus in nature. It is next submitted that the petitioner has
been falsely implicated in this case due to family dispute. It is
further submitted that there is case and counter case between the
parties. The petitioner is in custody since 12.06.2025 and has
got four criminal antecedents.
5. Learned APP for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and taking into account the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.77712 of 2025(3) dt.04-02-2026
3/3
below/concerned Court in connection with Katihar Town P.S.
Case No. 438 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the prosecution will have liberty to move for
cancellation of bail.
(III) The petitioner will not tamper with the evidence
or with the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
(V) The petitioner shall not leave the territorial
jurisdiction of the learned Court below without taking prior
permission of the Court concerned.
If any of the above conditions are violated, the
prosecution will have liberty to file appropriate application for
cancellation of bail of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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