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Patna High Court

SANJAY KUMAR JHAversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied bail to the petitioner.

Summary

The petitioner, Sanjay Kumar Jha, was charged with indiscriminate firing that caused the instantaneous death of two persons and injuries to three others. He applied for bail, arguing that the case had been pending since February 2024, only six of nineteen witnesses had been examined, and there were discrepancies in the FIR suggesting possible false implication. The State, represented by the informant's counsel and the Additional Public Prosecutor, contended that the offence was grave and the petitioner should not be released on bail. The court examined the seriousness of the accusations and the risk to public safety, concluding that the nature of the alleged crime warranted continued detention. Consequently, the bail application was rejected, with the court urging the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused in a case involving indiscriminate firing resulting in deaths and injuries

Subjects

  • bail
  • criminal procedure
  • firearms offence
  • murder
  • attempted murder
  • investigation discrepancies
  • trial expedite

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84228 of 2025
                    Arising Out of PS. Case No.-49 Year-2024 Thana- PHULPARAS District- Madhubani
                 ======================================================
                 Sanjay Kumar Jha Son of Late Braj Kishor Jha, Residence of Mohalla -
                 Sudai, P.S.- Phulparas, Dist.- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. D.K. Sinha, Sr. Adv.
                                                 Mr. Kedar Jha, Adv.
                 For the Opposite Party/s :      Mr. Ramakant Sharma, Sr. Adv.
                                                 Ms. Renu Jha, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   09-01-2026                   Heard Mr. D.K. Sinha, learned Senior Advocate along

                   with Mr. Kedar Jha, learned Advocate for the petitioner, learned

                   Additional Public Prosecutor for the State as well as Mr.

                   Ramakant Sharma, learned Senior Advocate with Ms. Renu Jha,

                   learned Advocate for the informant.

                                 2. This is the second attempt made on behalf of the

                   petitioner, as earlier the prayer for bail of the petitioner was

                   turned down by this Court vide order dated 04.10.2024 in Cr.

                   Misc. No. 70869 of 2024, taking note of the specific accusation

                   against the petitioner of causing indiscriminate firing, leading to

                   instantaneous death of two persons and firearm injuries to other

                   three persons.

                                 3. Learned Senior Advocate for the petitioner fairly
Patna High Court CR. MISC. No.84228 of 2025(3) dt.09-01-2026
                                            2/3




          contended that since the prayer of the petitioner was earlier

          rejected on merit, and as such he is not making any submission

          touching the merit of the case. However, this fact cannot be

          ignored that the petitioner has been incarcerated since

          08.02.2024, and till date out of 19 witnesses only six witnesses

          have been examined. Whatever the occurrence which took

          place, that was on a heat of rage and the death of the deceased

          was unfortunate but enmity between the parties may be a good

          reason for false implication of the petitioner. Moreover, there

          are various other discrepancies in the lodging of the FIR and the

          investigation. It has also been submitted that the very object of

          the bail is neither punitive nor preventive, and the deprivation of

          liberty must be considered as a punishment unless it can be

          required to ensure that the accused person will stand his trial

          when called upon.

                       4. On the other hand, Mr. Ramakant Sharma, the

          learned Senior Advocate for the informant and the learned APP

          for the State vehemently opposed the bail application and

          submitted that this is a case which is glaring in the nature where

          the petitioner has caused indiscriminate firing resulting into

          instantaneous death of two persons and bullet injuries to three

          other persons. Thus, in no circumstances, the petitioner deserve
              Patna High Court CR. MISC. No.84228 of 2025(3) dt.09-01-2026
                                                          3/3




                        to be enlarged on bail. The trial is in progress and it will be

                        concluded in its due course.

                                     5. Having considered the submissions advanced by

                        the learned Senior Advocates for the petitioner as well as the

                        informant and also the learned APP for the State and taking note

                        of the specific accusation of firing against the petitioner, which

                        proved fatal for two persons and caused severe bullet injuries to

                        three other persons, this Court is not acceded to the prayer for

                        bail of the petitioner. Accordingly, his prayer is rejected.

                                     6. However, it is expected that the learned Trial Court

                        shall take all endeavours to expedite the trial and conclude the

                        same as early as possible.



                                                    (Harish Kumar, J)
rohit/-

U         T


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