Patna High Court
Jokhu Prasad @ Jitendra Prasad @ Jitendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Jokhu Prasad was arrested in connection with a murder case (PS Sangrampur Case No. 253 of 2024) alleged to have arisen from a property‑related dispute. He was charged under sections 103, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act, 1959. The petitioner claimed he was falsely implicated, noting that no land transaction existed between him and the complainant and that co‑accused Vikash Kumar and Muslim Alam had already been granted bail. The prosecution had not examined any witnesses and the case was still at the evidence‑gathering stage. Considering the prolonged pre‑trial detention of over a year, the lack of substantive evidence, and the bail granted to co‑accused, the High Court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the charges under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the length of pre‑trial detention and the absence of prosecution witnesses justify granting bail.
- Whether the petitioner’s claim of false implication and lack of a property transaction affect the bail decision.
Legislation cited
- Arms Act, 1959 — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103, 3(5), 61(2)
Subjects
- bail
- criminal procedure
- murder
- arms act
- false implication
- property dispute
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89720 of 2025
Arising Out of PS. Case No.-253 Year-2024 Thana- SANGRAMPUR District- East
Champaran
======================================================
Jokhu Prasad @ Jitendra Prasad @ Jitendra Kumar S/O Late Harbansh Lal
Prasad @ Late Haribansh Lal @ Late Harbansh lal Resident of village-
Narulaha, P.S- Sangrampur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
4 19-03-2026 Heard learned counsel for the parties.
2. The petitioner has renewed his prayer for grant of
regular bail in connection with Sangrampur P.S. Case no. 253 of
2024 registered under sections 103, 3(5) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 and section 27 of the Arms Act,
1959.
3. As per the prosecution case, the informant states
that her daughter who was sleeping alone was fired upon and
murdered. The informant further states that she suspects that the
six named accused persons including the petitioner herein as
also co-accused Vikas Kumar entered into a conspiracy and
murdered her as a result of matter with respect to transaction of
money over sale of immoveable property.
Patna High Court CR. MISC. No.89720 of 2025(4) dt.19-03-2026
2/3
4. Learned counsel for the petitioner submits that the
earlier prayer for bail of the petitioner was rejected vide order dated
16.5.2025 passed in Cr. Misc. no. 8958 of 2025. The petitioner has
been falsely implicated in the case in so far as there was no land
transaction between the petitioner and the informant’s side. The
transaction, if any, was between Vikash Kumar and the informant’s
side. Further co-accused Muslim Alam has been enlarged on bail
vide order dated 30.1.2026 passed in Cr. Misc. no. 80189 of 2025
and Vikash Kumar has been enlarged on bail vide order dated
25.2.2026 passed in Cr. Misc. no. 14606 of 2026. The petitioner is in
custody since 7.10.2024 and has no criminal antecedents.
Chargesheet has been submitted in the case.
5. The application for bail is opposed by learned APP for
the State.
6. A report was called for from the learned trial Court.
As per the report received contained in letter dated 28.1.2026 of
the Incharge 3rd District & Additional Sessions Judge, East
Champaran, Motihari, the case is running for evidence on behalf
of the prosecution. No witness has been examined on behalf of
the prosecution.
7. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the material
Patna High Court CR. MISC. No.89720 of 2025(4) dt.19-03-2026
3/3
that has transpired in course of investigation, grant of bail to co-
accused Vikash Kumar by the aforesaid order dated 25.2.2026
and the petitioner having remained in custody for one year five
months since 7.10.2024, the Court directs the petitioner to be
enlarged on bail in connection with Sangrampur P.S. Case no. 253 of
2024 (Sessions Trial no. 1084 of 2025) on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial Magistrate 1st
Class-cum-A.M., Motihari.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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