Rajnish Jha @ Rajnish Kumar Jha v. The State of Bihar
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 147, 148, 149, 302, 307, 323, 341, 354, 379, 448
- Arms Act, 1959 s. 27
Key paragraphs
- Para 66. Considering the facts and circumstances of the case, claim based on parity, clean antecedents of the petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.
- Para 77. Accordingly, let the above named petitioner be Patna High Court CR. MISC. No.54173 of 2025(4) dt.19-12-2025 released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge…
Judgment
Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Surya Narayan Roy, Advocate Mr. Ashok Kumar Singh, Advocate Mr. Jai Narain Thakur, APP : For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4 19-12-2025 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 448, 341, 323, 307, 302, 379 and 354 of the Indian Penal Code and and Section 27 of the Arms Act.
As per prosecution case, on the alleged date and time of occurrence, on the orders of co-accused Arvind Jha, this petitioner, along with co-accused Avinash Jha, Sushil Rai and Mohan Paswan, who were having country made pistols, fired upon son of informant as a result of which, son of informant, namely Govind Yadav, died on the spot whereas one Patna High Court CR. MISC. No.54173 of 2025(4) dt.19-12-2025 Krishnamurthy Rai sustained fire arm injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. As per F.I.R., all four F.I.R. named accused persons, including this petitioner, are alleged to have fired, however, only two fire arm injuries were found on the person of the deceased, which itself falsifies the entire prosecution case. It is further submitted that the present F.I.R. has been lodged after post mortem of the deceased. Co-accused Sushil Rai, who is having similar and identical allegations, has already been granted bail by this Hon’ble Court vide order dated 31.10.2025 passed in Cr. Misc. No. 36917 of 2025. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 20.12.2024.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
Considering the facts and circumstances of the case, claim based on parity, clean antecedents of the petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.
Accordingly, let the above named petitioner be Patna High Court CR. MISC. No.54173 of 2025(4) dt.19-12-2025 released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Dalsingsarai, District- Samastipur in connection with Dalsingsarai P.S. Case No. 490 of 2023. shashank/- U T (Prabhat Kumar Singh, J)
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.