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Patna High Court

Prem Shankar JhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court denied bail to the petitioner, finding the allegations and procedural context insufficient to warrant release.

Summary

Prem Shankar Jha applied for bail in a case registered under Sections 103, 61, 3(5) of the B.N.S., 2023 and Sections 25(1‑b)a, 26 and 27 of the Arms Act for allegedly shooting the son of an informant at DMCH gate on 5 August 2025. The informant alleged that the shooting stemmed from a family dispute arising from the marriage of his son to Jha's daughter, and claimed Jha threatened to kill. The petitioner argued he has a clean antecedent, that the informant was not an eyewitness, and highlighted procedural lapses such as failure to produce him before a magistrate within 24 hours and inconsistencies in the FIR and charge sheet dates. The State contended that the informant’s specific allegation of murder created a strong prima facie case and that the motive was evident. After hearing both sides, the Court found the allegations sufficient to deny bail and rejected the regular bail application.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the nature of the offences and the evidentiary material?
  • Do procedural irregularities in the arrest and production of the petitioner justify bail?
  • Whether the family dispute motive impacts the assessment of bail?

Legislation cited

Subjects

  • bail
  • criminal procedure
  • murder
  • arms act
  • family dispute
  • procedural delay
  • prima facie case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86628 of 2025
                        Arising Out of PS. Case No.-133 Year-2025 Thana- Benta District- Darbhanga
                 ======================================================
                 Prem Shankar Jha S/o- Late Kedar Nath Jha Resident of village- Banagaon
                 P.S- Banagaon District- Saharsha

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Sharma, Sr. Adv.
                                                   Mr. Subhash Kumar Jha, Adv.
                 For the Opposite Party/s :        Mr. Ram Naresh Ray, APP
                 For the Informant        :        Mr. Maurya Vijay Chandra, Adv.
                                                   Mr. Gaurav Govinda, Adv.
                                                   Ms. Preety Ranjan, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   10-04-2026                   1. Heard learned Senior counsel for the petitioner,

                   learned A.P.P. for the State and the learned counsel appearing on

                   behalf of the informant.

                                 2. The petitioner seeks bail in connection with Benta

                   P.S. Case No.133/2025, registered for the offences punishable

                   under Sections 103, 61, 3(5) of the B.N.S., 2023 and Sections

                   25(1-b)a, 26 and 27 of the Arms Act.

                                 3. Learned Senior counsel for the petitioner submits

                   that petitioner is a person with clean antecedent and the

                   informant alleges that he received an information on 05.08.2025

                   at 5.30 P.M. that his son Rahul was shot at DMCH gate, further

                   his son was shot by Prem Shankar Jha (petitioner), father of
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          Tanu Priya, accordingly he came to the place of occurrence and

          came to know that Prem Shankar Jha (petitioner) along with his

          son Ashwani, Avinash and wife Gunjan Kumari had come, next

          alleges that his son about two months back had performed love

          marriage with Tanu Priya, daughter of Prem Shankar Jha

          (petitioner), as they were studying in first year of nursing at

          B.Sc. Nursing College, next alleges that Prem Shankar Jha

          (petitioner) had threatened earlier to kill and had also filed a

          case at Banagaon P.S. and statement of Tanu Priya was recorded

          in the Court, thereafter Tanu Priya came at informant’s place.

                       4. Learned Senior counsel for the petitioner submits

          that from perusal of the allegation as alleged in the FIR, it

          would manifest that informant is not an eyewitness to the

          occurrence. It is next submitted that the allegations are in two

          parts, in the first part, the informant alleges that on 05.08.2025

          at 5.30 P.M. he received an information that his son was killed

          by Prem Shankar Jha (petitioner), thereafter he came to the

          place of occurrence and there he came to know that Prem

          Shankar Jha (petitioner) was accompanied by his sons and wife

          but then it is submitted that the FIR does not even remotely

          discloses that who informed the informant about the presence

          of the petitioner at the place of occurrence. It is next submitted
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          that son of the informant had married the daughter of Prem

          Shankar Jha (petitioner) and the marriage was being opposed by

          the family members of Tanu Priya as such Prem Shankar Jha

          (petitioner) had instituted a criminal case also but then Tanu

          Priya did not support the case of the prosecution and being a

          major came to the house of the informant. It is further submitted

          that since tension was brewing in between the family on account

          of marriage in between son of the informant and daughter of

          Prem Shankar Jha (petitioner), as such the petitioner came to be

          implicated in the instant case. Learned Senior counsel next

          submits that from perusal of the FIR, it would manifest that the

          same is dated 06.08.2025. It is next submitted that the

          occurrence was committed at 5.30 P.M. on 05.08.2025 and the

          petitioner was arrested on 05.08.2025 at 5.40 P.M. itself but then

          the petitioner was not produced before the learned Magistrate

          within 24 hours. It is next submitted that the FIR was sent to the

          learned trial court on 07.08.2025 and charge sheet came to be

          submitted on 11.08.2025 and from perusal of the charge sheet, it

          would manifest that the same records that the petitioner was

          arrested on 11.08.2025 and thereafter was produced before the

          learned trial court on 12.08.2025.

                       5. At this stage, the learned counsel appearing on
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          behalf of the informant submits that raising these issues the

          petitioner had moved before this Court by filing Cr. WJC

          No.240/2026 but then the said writ application was dismissed by

          an order dated 11.02.2026. Learned counsel appearing on behalf

          of the informant submits that no doubt there is some lacuna but

          then the lacuna cannot be seen at the stage of bail when the

          informant specifically alleges that he had information that

          petitioner killed his son. It is also submitted that since daughter

          of the petitioner had married the son of the informant, hence

          tension was brewing and earlier petitioner had also instituted a

          criminal case but then his daughter did not support the case of

          the prosecution and came back to the family of the informant as

          she intended to lead a peaceful conjugal life with the son of the

          informant. It is also submitted that these facts also goes on to

          show that petitioner was harbouring a motive against the son of

          the informant. It is next submitted that why a father would try to

          implicate someone who was not involved in the occurrence of

          killing his son. It is submitted that every endeavour of a father

          would be to ensure that the person who is guilty of committing

          the murder of his son is not spared. It is also submitted that till

          date charges have not been framed.

                       6. After hearing the learned counsel for the parties, the
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                       Court is not inclined to release the petitioner on bail.

                                    7. The regular bail application of the petitioner is

                       rejected.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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