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Patna High Court

Jokhu Prasad @ Jitendra Prasad @ Jitendra KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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