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Patna High Court

Sonu Jha @ Sonu Kumar JhaversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted to the petitioner.

Summary

The petitioner, Sonu Jha, applied for regular bail in a case registered under Section 103(1) of the B.N.S. and Section 27 of the Arms Act for the alleged shooting of a deceased person. The prosecution alleged that three unknown persons fired the shots and that the petitioner’s name appeared in a self‑inculpatory statement of a co‑accused, as well as in his own confessional statement, with a country‑made pistol and live cartridges recovered and his face captured on CCTV. The petitioner’s counsel argued that he was falsely implicated, has seven prior criminal antecedents, and is willing to cooperate with the trial. The State opposed bail, relying on the statements, recovered weapon, and CCTV footage. The bench, after considering the material evidence, declined to grant bail and dismissed the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the self‑inculpatory and confessional statements, recovered weapon, and CCTV identification.
  • Whether the presence of prior criminal antecedents affects the grant of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • self‑inculpatory statement
  • CCTV evidence
  • confessional statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9695 of 2026
                     Arising Out of PS. Case No.-172 Year-2025 Thana- BARHIYA District- Lakhisarai
                 ======================================================
                 Sonu Jha @ Sonu Kumar Jha S/o Rajkumar Jha R/o Village - Barahiya, P.S -
                 Barahiya, District - Lakhisarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rabi Bhushan, Advocate
                 For the Opposite Party/s :       Mr.Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   30-03-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with

                   Barahiya P.S. Case No. 172/2025 registered for the offences

                   punishable under Section 103(1) of B.N.S. and Section 27 of

                   Arms Act.

                                3. As per the prosecution case, three unknown persons

                   shot and killed the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. Learned

                   counsel further submits that he has seven criminal antecedents

                   and he is in custody since 25.08.2025. The petitioner undertakes

                   to co-operate in the case/ trial.

                                5. Learned APP for the State has opposed the prayer
              Patna High Court CR. MISC. No.9695 of 2026(3) dt.30-03-2026
                                                          2/2




                        for regular bail of the petitioner on the ground that name of the

                        petitioner has come in the self-inculpatory statement of the co-

                        accused and on the confessional statement of the petitioner one

                        country-made pistol and two live cartridges have been recovered

                        and in the CCTV footage also the face of the petitioner was

                        captured.

                                     6. Considering the aforesaid facts, this Court is not

                        inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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