Patna High Court
Braj Bihari Jha @ Braj Bihari @ Girdhari Kumar Jha @ Braj Bihari Kumar Jha @ Girdhari Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is dismissed as there are no new grounds to review the earlier order.
Summary
The petitioner, Braj Bihari Jha, was charged with murder under Section 302 of the Indian Penal Code and an offence under Section 27 of the Arms Act, and has been in custody since June 28, 2024. He filed a second application for regular bail after an earlier bail request was rejected on the ground of the seriousness of the offence and his criminal antecedents. The court noted that the charge had already been framed and the trial was progressing, finding no new ground to revisit its earlier decision. Considering the gravity of the charges and the lack of any change in circumstances, the court dismissed the bail application. The court also directed the Superintendent of Police, Madhubani, to ensure the attendance of witnesses in the ongoing trial.
Issues considered
- Whether the petitioner is entitled to regular bail at this stage of the trial
- Whether any new ground exists to review the earlier bail denial
- Whether trial delay by the prosecution justifies granting bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302
Subjects
- regular bail
- murder
- Arms Act
- trial progression
- witness attendance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91645 of 2025
Arising Out of PS. Case No.-146 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Braj Bihari Jha @ Braj Bihari @ Girdhari Kumar Jha @ Braj Bihari Kumar
Jha @ Girdhari Kumar Jha S/O Ashok Jha @ Ashok Kumar Jha R/O Vill.
-Deuri,Wardno.-1,P.S-Benipatti, Distt-Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumari Pallavi
For the Opposite Party/s : Mr.Ram Sumiran Rai
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 12-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Sessions Trial No. 197
of 2025 arising out of Benipatti P.S. Case No. 146 of 2024.
Earlier the bail application of the petitioner was rejected vide
order dated 16.04.2025 passed in Cr. Misc. No. 88980 of 2025
which reads as under:-
“Heard learned counsel for the parties.
2. This application for grant of regular bail
arises out of Benipatti P.S. Case No.146 of 2024
registered for the offence punishable under section 302
of the Indian Penal Code and under section 27 of the
Arms Act.
3. The petitioner is the assailant of the
deceased. He is in custody since 28.06.2024 having two
Patna High Court CR. MISC. No.91645 of 2025(2) dt.12-02-2026
2/2
criminal antecedents.
4. Considering the aforesaid facts, I am not
inclined to grant the petitioner privilege of regular bail.
Accordingly, this bail application is rejected. The
petitioner may renew his prayer for bail if the trial is
delayed by the prosecution side.”
3. It has very fairly been submitted by the learned
counsel for the petitioner that the charge has already been
framed in this case.
4. In view of the fact that the trial is progressing and
the considering the gravity of the offence, this Court finds no
new ground to review its earlier order.
5. Accordingly, this application is dismissed.
6. The Superintendent of Police, Madhubani is
directed to ensure the attendance of the witnesses in the trial.
7. Let a copy of this order be communicated to the
Superintendent of Police, Madhubani through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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