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Patna High Court

Bambam Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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