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Patna High Court

Vimlesh Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner with specified conditions.

Summary

Vimlesh Kumar Jha applied for anticipatory bail fearing arrest in a case registered under several sections of the Bihar Narcotic Substances Act, 2023 and the Arms Act. The informant alleged that Jha was part of a conspiracy to murder a person and that his son had recorded the plot, but no material linking Jha to the alleged offence was found during investigation. Jha contended that he was falsely implicated and that the FIR was based merely on suspicion. The State opposed the bail, fearing Jha might abscond or tamper with evidence, while Jha assured cooperation with the investigation. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.50,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., with the provision that bail could be cancelled if Jha fails to cooperate or attempts to delay trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances.
  • Whether the petitioner is likely to abscond or tamper with evidence if bail is granted.
  • Whether the allegations in the FIR constitute sufficient ground for denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • conspiracy
  • Arms Act
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89494 of 2025
                       Arising Out of PS. Case No.-89 Year-2025 Thana- Mehsoul District- Sitamarhi
                 ======================================================
                 Vimlesh Kumar Jha S/O Nawal Jha @ Nawal Kishore Jha Resident of
                 Village- Bhasar, P.S.- Dumra, Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Ashok Kumar Jha, Advocate
                 For the State            :        Dr. (Mrs.) Indiwar Kumari, APP
                 For the Informant        :        Mr. Ashish Kumar Ranjan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   18-02-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State as well as learned counsel appearing on behalf of

                   the informant.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 126, 115(2), 103(1),

                   61(2) and 3(5) of B.N.S., 2023 as well as Sections 25(1-b)a, 26,

                   35 and 27 of the Arms Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedents of two cases. It is next submitted that

                   the informant alleges that his elder son, Basim Anwar Khan @

                   Puttu had come to his house and was looking perturbed,

                   accordingly, the informant asked his son why he is looking

                   perturbed, on which he disclosed that Asgar Hussain, Md. Nasir
Patna High Court CR. MISC. No.89494 of 2025(3) dt.18-02-2026
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          Ahmad, Devendra Shah, Dhananjay Kumar, Azizur Rahman and

          petitioner had met in the shop of Ejaj Shah for the purposes of

          getting him killed and have also given money to the shooters

          and the shooters can kill him any time. It is further alleged that

          his son also disclosed that he had recorded the aforesaid fact in

          his mobile, further his son also disclosed that Lal’s brother Md.

          Islam is also involved in the conspiracy and the aforesaid

          accused persons can get him killed any time, on which

          informant asked his son that why he did not disclose the said

          fact to the police, on which his son said that in the morning he

          will accompany the informant to the police station for giving

          information to the police about the conspiracy. It is next alleged

          that thereafter his son left for his house and when he reached

          near his house, the informant heard sound of firing, accordingly,

          he came out and saw that his son was shot and his family

          members Sahin Anwar Khan and Sahil Parwez disclosed that

          they have seen the three shooters who committed the

          occurrence, but they did not know their name but can identify

          by their face.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is further submitted that from perusal of the
Patna High Court CR. MISC. No.89494 of 2025(3) dt.18-02-2026
                                            3/4




          allegations, as alleged in the FIR, it would manifest that the

          entire allegation hinges around suspicion. It is next submitted

          that during course of investigation also, no material transpired

          connecting the petitioner with the offence. It is next submitted

          that Dhananjay Kumar had approached this Court seeking

          anticipatory bail by filing Criminal Miscellaneous No.65688 of

          2025 and the same came to be allowed by an order dated

          16.01.2026. It is further submitted that case of the petitioner is

          on much better footing than Dhananjay Kumar.

                       5. Learned APP for the State and learned counsel

          appearing on behalf of the informant oppose the anticipatory

          bail application but then learned counsel for the informant is not

          in a position to rebut the submission of the learned counsel for

          the petitioner that case of the petitioner is on a better footing

          than Dhananjay Kumar but then it is submitted that if privilege

          of anticipatory bail is granted to the petitioner, the petitioner

          may abscond on which the learned counsel for the petitioner

          submits that petitioner will not abscond rather will cooperate in

          the investigation to prove his innocence.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, let petitioner, above-named, in the

          event of his arrest or surrender within a period of six weeks
               Patna High Court CR. MISC. No.89494 of 2025(3) dt.18-02-2026
                                                           4/4




                         from today, be released on bail on furnishing bail bond of

                         Rs.50,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned Chief Judicial

                         Magistrate, Sitamarhi in connection with Mehsoul P.S. Case

                         No.89 of 2025, subject to the conditions as laid down under

                         Section 482(2) of the B.N.S.S.

                                      7. It is made clear that one of the bailors of the

                         petitioner shall be his father, namely, Nawal Jha @ Nawal

                         Kishore Jha.

                                      8. It is further made clear that in the event if charge-

                         sheet is submitted and the learned trial court comes to a

                         conclusion that petitioner is not cooperating in framing of

                         charge or after framing of charge is trying to delay the trial in

                         any manner, in both the conditions, the learned trial court shall

                         be at liberty to cancel the bail bond of the petitioner.

                                      9. Let a copy of this order be sent to the concerned

                         police station through the learned Trial Court.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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