Patna High Court
Sunil JhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused to grant anticipatory bail to the petitioner.
Summary
The petitioner, Sunil Jha, was named in an FIR for the murder of the informant's brother, alleged to have been committed with a firearm over a land dispute. He sought anticipatory bail, claiming he was innocent and that the disputed land had already been sold in 2022, leaving no motive for involvement. The informant opposed the bail, emphasizing the specific accusations in the FIR that the petitioner participated in the killing. The court considered the seriousness of the charges under Sections 103(2) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. After hearing both sides, the court concluded that the nature of the allegations warranted denial of bail. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations under Sections 103(2), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act
- Whether the seriousness of the accusations justifies refusal of bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(2), 61(2)
Subjects
- anticipatory bail
- murder
- arms act
- criminal procedure
- land dispute
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86090 of 2025
Arising Out of PS. Case No.-418 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Sunil Jha S/O Late Lakshman Jha Resident of Village- Vishwanathpur, Ward
No.- 44, P.S- Dumra, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Jha, Advocate
For the Opposite Party/s : Ms. Madhuri Lata, A.P.P.
For the Informant : Mr. Sanjay Kumar, Mr. Nishant Kr. Sinha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 30-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in Dumra P. S. Case
No. 418 of 2025 registered for the offences punishable under
Sections 103(2), 61(2) of the Bharatiya Nyaya Sanhita nad
Section 27 of the Arms Act.
3. As per F.I.R., on 21.08.2025 at about 5:30 PM, all
the named accused persons, including this petitioner, along with
some unknown miscreants committed murder of the brother of
informant by firing gunshot, due to dispute over five katha land.
On 19.08.2025, all the accused persons threatened the deceased
to register the land in their favour.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.86090 of 2025(4) dt.30-03-2026
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petitioner is innocent and has committed no offence. The land in
question, which is said to be the reason of dispute, had already
been sold by the informant to some other person in the year
2022 and as such, there was no occasion for the petitioner to
involve in any dispute with informant. Petitioner has falsely
been implicated in this case merely on the basis of suspicion.
5. Learned counsel for the informant vehemently
opposed the bail application and submitted that petitioner is
named in the F.I.R. with specific accusation that he along with
other accused persons killed his brother by firing gunshot.
6. Considering the nature and seriousness of
accusation, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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