Patna High Court
Navin Kumar Jha @ NepaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner, finding no sufficient prima facie case to justify continued detention.
Summary
Navin Kumar Jha was arrested in connection with the death of mentally challenged Rahul Kumar, alleged under Sections 302, 120B and 34 of the Indian Penal Code. The prosecution claimed Jha assaulted the deceased, who later died while under police care. Jha had been in custody since 18‑08‑2025 and filed a bail application asserting his innocence, presenting annexure IV and a jail authority letter indicating the death resulted from injuries inflicted by co‑villagers. The court observed that Jha was not originally named in the case and that the evidence did not establish a strong prima facie case against him. Consequently, the court allowed the bail application, directing his release on a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Chief Judicial Magistrate.
Issues considered
- Whether bail should be granted to the accused in a case involving alleged murder, criminal conspiracy and common intention under Sections 302, 120B and 34 IPC.
- Whether the material on record establishes a prima facie case sufficient to deny bail.
Legislation cited
- Indian Penal Code — s. 120B, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- IPC
- mental disability
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88550 of 2025
Arising Out of PS. Case No.-210 Year-2023 Thana- DEEPNAGAR District- Nalanda
======================================================
Navin Kumar Jha @ Nepali S/O Ashok Kumar Jha R/O Village- Dhimoh
(Dhimoy), P.S- Gokulpur (Harnaut), Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sameer Ranjan
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 24-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Deepnagar P.S. Case No. 210 of 2023 registered for the offence
under Sections 302, 120B , 34 of the Indian Penal Code.
3. As per the prosecution case, the deceased Rahul
Kumar was mentally challenged and he was assaulted by co-
villagers and was taken to police and thereafter the police
remanded him in a case. Subsequently, he died in course of
treatment.
4. The petitioner is in custody since 18.08.2025.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and he has falsely been implicated in
this case. He further submits that annexure IV has been annexed
Patna High Court CR. MISC. No.88550 of 2025(4) dt.24-03-2026
2/2
by the petitioner to show that the deceased has died beause of
the injury sustained from the co-villagers. Learned counsel for
the petitioner has also relied upon a letter dated 13.05.2023
written by the jail authorities to the SHO concerned to register a
UD case about the death of the deceased.
6. Upon perusal of the materials available on
record, it appears that initially, the petitioner has not been
named in this case and subsequently the case is made out
against the petitioner that he has assaulted the deceased and
killed him.
7. In view of the above, this application is allowed.
8. Let the petitioner, above named, 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
the learned Chief Judicial Magistrate, Biharsharif/concerned
Court below in connection with Deepnagar P.S. Case No. 210 of
2023.
(Sandeep Kumar, J)
Vikas/-
U
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