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Patna High Court

Vishal Kumar Jha @ Vishal Jha @ RajaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release on bond with conditions.

Summary

Vishal Kumar Jha applied for bail in a case (Danapur P.S. Case No. 751 of 2024) where he was implicated under sections 103, 111(2), 61(2), 3(5) of the BNS and section 27 of the Arms Act for the alleged shooting of an informant's son. The FIR named unknown miscreants, and the investigation later identified three persons—Kanhai Singh, Mukul Mishra and Karan Jha—none of whom were the petitioner, despite the petitioner’s name appearing in the case diary. The petitioner argued that he had not been identified in the CCTV footage and that the case against him was based merely on suspicion and a confessional statement, with no charges framed to date. The State opposed bail, but the Court noted the lack of concrete identification, the pending nature of the trial, and the petitioner’s custody since May 2025. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions regarding surety, physical presence in court, and possible cancellation for non‑appearance.

Issues considered

  • Whether bail should be granted when the accused’s implication is based solely on suspicion and a confessional statement without CCTV identification.
  • Whether the pending nature of the trial and absence of framed charges justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • suspicion
  • CCTV evidence
  • Arms Act
  • BNS
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78208 of 2025
                       Arising Out of PS. Case No.-751 Year-2024 Thana- DANAPUR District- Patna
                 ======================================================
                 Vishal Kumar Jha @ Vishal Jha @ Raja S/o Late Nand Kishore Jha R/o
                 Village- Manikchowk, P.S.- Runnisaidpur, District- Sitamarhi
                                                                               ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikash Kumar Jha, Adv.
                 For the Opposite Party/s :       Mr.Shantanu Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   23-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Danapur P.S. Case no.751 of 2024

                   registered under sections 103, 111(2), 61(2) and 3(5) of BNS

                   and Section 27 of Arms Act.

                                3. Allegation in the F.I.R is that unknown miscreants

                   are alleged to have shot dead the informant’s son.

                                4. Learned counsel for the petitioner submits that

                   although FIR was lodged against unknown miscreants, the name

                   of the petitioner subsequently transpired during course of

                   investigation, based upon CCTV footage, which has been

                   discussed in paragraph no.5 of the case diary, wherein the

                   petitioner is said to have been identified along with two

                   unknown persons. However, from paragraph number 22 and 23
Patna High Court CR. MISC. No.78208 of 2025(4) dt.23-02-2026
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          of the case diary, which contains the statement of brother of the

          deceased, it would be apparent that the persons who were

          identified in the CCTV footage are three different persons,

          namely Kanhai Singh, Mukul Mishra and Karan Jha and not the

          petitioner, rather the petitioner has been stated to be involved in

          the case, but there is no case of him being identified in the

          CCTV footage. It is further submitted that the deceased himself

          was a man of several criminal antecedents and the FIR was

          lodged after two days of the occurrence. So far as the criminal

          antecedents of the petitioner is concerned, as a matter of fact,

          the petitioner was remanded in four other cases after his

          implication in the FIR being Purnahiya P.S. Case no. 8 of 2025,

          which subsequently led to an acquittal. The petitioner is in

          custody since 30.05.2025 and till date charges have not been

          framed.

                       5. The application for bail is opposed by learned

          A.P.P. for the State.

                       6. Taking into consideration the aforesaid facts and

          circumstances of the case and also considering the fact that the

          implication of the petitioner is based upon suspicion and

          confessional statement and he has not even been identified in

          the CCTV footage, coupled with the fact that there is no
            Patna High Court CR. MISC. No.78208 of 2025(4) dt.23-02-2026
                                                        3/3




                      likelihood of the trial concluding in the near future, the

                      petitioner is directed to be enlarged on bail in connection with

                      Danapur P.S. Case no.751 of 2024 on furnishing bail bond of

                      Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Court concerned

                      where the case is pending/successor Court, subject to following

                      conditions:-

                                   (I) One of the bailors of the petitioner shall be the

                      family member/close relative of the petitioner.

                                   (II) The petitioner shall remain physically present in

                      the learned trial Court on each date and shall cooperate in the

                      trial. In case the petitioner is absent on the two consecutive

                      dates without sufficient reasons, the learned trial Court would be

                      at liberty to cancel the bail bonds of the petitioner.



                                                (Soni Shrivastava, J)
Harsh/-
U       T


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