Patna High Court
Bambam Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Bambam Kumar Jha, was arrested in connection with an alleged offence under Sections 317(2) and 317(4) of the B.N.S., 2023 after a police informant claimed he had parked a bullet‑motorcycle at a mechanic's garage. The petitioner contended that he was falsely implicated because his elder brother had previously lodged a complaint against the then SHO, in which the petitioner was a witness. He had been in custody since 10 November 2025 and a chargesheet had already been filed. The State opposed the bail application, arguing the seriousness of the alleged offence. The Court, after considering the circumstances and the length of custody, granted bail on a bond of Rs. 10,000 with two sureties, directing his release.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 317(2) and 317(4) of the B.N.S., 2023 given the facts of alleged false implication and the period of custody.
Legislation cited
- B.N.S., 2023 — s. 317(2), 317(4)
Subjects
- bail
- criminal procedure
- Section 317
- B.N.S. 2023
- false implication
- custody
- motorcycle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86882 of 2025
Arising Out of PS. Case No.-89 Year-2024 Thana- KAJRA District- Lakhisarai
======================================================
Bambam Kumar Jha Son of Shankar Jha R/o Village- Arma, P.S.- Kajra,
District- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar , Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 317(2), 317(4) of the B.N.S.,
2023 .
3 . As per F.I.R., on the alleged date and time of
occurrence, the informant, who was Sub-Inspector at Kajra
Police Station, spotted a bullet motorcycle which was parked
outside the garage of Sudama Kumar, motorcycle mechanic and
that mechanic stated that this petitioner has parked aforesaid
bullet motorcycle and on query, the elder brother of this
petitioner disclosed that petitioner has brought aforesaid bullet
motorcycle about six months ago but no papers regarding bullet
motorcycle were produced.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case by informant only because earlier the elder brother of the
petitioner had filed a complaint case against the then SHO of
Patna High Court CR. MISC. No.86882 of 2025(2) dt.27-01-2026
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Kajra Police Station , in which , petitioner is one of the witness
and in the said complaint, notices were also issued. Petitioner is
has got no concern with the alleged occurrence . Petitioner is in
custody since 10.11.2025 . Chargesheet has already been
submitted.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and period of custody , the prayer for grant bail of to
the petitioner is allowed.
7. Accordingly, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learnedSDJM Lakhisarai in connection with
Kajra P.S. Case No. 89 of 2024 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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