Patna High Court
Aman Jha @ Aman Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Aman Jha applied for regular bail in a case registered under Sections 109(1) and 118(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that he supplied arms to Gaurav Kumar, who shot an informant. The petitioner argued that his name does not appear in the FIR and that no substantive role is attributed to him, while he has been in judicial custody since 28‑01‑2025. The State opposed bail, contending the seriousness of the alleged offence. After hearing both sides, the Court considered the lack of direct involvement and the petitioner’s custody status, and decided to grant bail on a bond of Rs.10,000 with two sureties. The order directs the petitioner’s release pending trial.
Issues considered
- Whether the petitioner, alleged to have supplied arms, is entitled to regular bail under the Bharatiya Nyaya Sanhita and the Arms Act
- Whether the absence of the petitioner’s name in the FIR and lack of direct participation in the shooting justify bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109(1), 118(2)
Subjects
- bail
- arms supply
- Bharatiya Nyaya Sanhita
- Arms Act
- regular bail
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85071 of 2025
Arising Out of PS. Case No.-531 Year-2024 Thana- SULTANGANJ District- Bhagalpur
======================================================
Aman Jha @ Aman Kumar Jha S/O Sri Bipin Jha @ Vipin Kumar Jha @
Vipin Jha R/O Vill.- Balu Ghat Road, Sultanganj, P.S.- Sultanganj, Dist.-
Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar Sinha, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 109(1) &
118(2) of the Bharatiya Nyaya Sanhita and under Section 27 of
the Arms Act.
3. The case of the prosecution, in short, is that one
Gaurav Kumar has fired at the informant which hit in the right
hand at the wrist of the informant.
4. Learned counsel for the petitioner submits that the
name of this petitioner is not there in the FIR. When Gaurav was
apprehended, he disclosed that this petitioner has supplied arms
to him. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.85071 of 2025(2) dt.19-02-2026
2/2
only allegation against the petitioner is that he has supplied the
arms. Learned counsel for the petitioner has submitted that the
no role is attributed to the petitioner. Learned counsel has
further submitted that the petitioner is in judicial custody since
28.01.2025.
5. Learned APP for the State has vehemently opposed
the bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Sultanganj P.S. Case No. 531 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned District and Additional
Sessions Judge-XVI, Bhagalpur.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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