Abhishek Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14758 of 2025 Arising Out of PS. Case No.-203 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Abhishek Kumar Jha S/O Binda Jha @ Birendra Jha R/O Village- Barharwa, P.S.- Dhaka, Dist.- Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Sharma, Sr. Adv.
Mr. Rakesh Kumar Sharma, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 203 of 2023 dated 30.04.2023 registered for the offence/s punishable u/ss 302, 201, 120B of the Indian Penal Code and section 27 of the Arms Act.
3. As per the prosecution case, it is alleged that on 29.04.2023, the informant's father went to Dhaka to take the dues money of Rs. 7,30,000/- from the shop of the petitioner who used to take goods from the shop of the informant but till night his father did not return and when the informant called from his mobile phone, he did not receive the call. On
Patna High Court CR. MISC. No.14758 of 2025(3) dt.30-10-2025 2/3 30.04.2023, the informant came to know that his father has been killed and his dead body has been thrown near Bela Gaon. When the informant went to the shop of the petitioner, then he told the informant that he had returned the said amount to his father. It is further alleged that the petitioner killed his father in order to grab the money.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no eyewitness to the alleged occurrence. As per Letter No. 127 dated 29.03.2025, four prosecution witnesses, out of nine charge-sheeted witnesses, have been examined. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.05.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that on 01.05.2023 CCTV footage near the shop of the petitioner was verified by the Chiraiya Police Station and on 29.04.2023 police found the informant's father (deceased) inside the Pickup van and the petitioner was the driver of the said van. As per para 49 of the case diary, police also found blood stain inside the said vehicle. Earlier the regular bail application of the petitioner was
Patna High Court CR. MISC. No.14758 of 2025(3) dt.30-10-2025 3/3 rejected by this Court vide order dated 24.06.2024 passed in Cr. Misc. No. 56656 of 2023.
6. Considering the aforesaid facts and circumstances of the case as well as the specific and heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail petition of the petitioner stands rejected.
7. The learned trial court is further directed to expedite the trial and conclude the same within a period of nine months.
(Chandra Prakash Singh, J) shivam/- U T