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Patna High Court

Debasis Jha @ Dabasis Kumar @ Bramha JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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