Saket Kumar @ Raja Jha @ Saket Kumar Jha @Rakesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42584 of 2025 Arising Out of PS. Case No.-503 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Saket Kumar @ Raja Jha @ Saket Kumar Jha @Rakesh Kumar Jha S/O Sasidhar Jha R/O Village- Katharbani, P.S.- Rosera, District- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh For the informant :

Mr. Prateek, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-12-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner for regular bail in connection with Rosera P.S. Case No. 503 of 2023 registered for the offence under Sections 120(B), 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The following order was passed on 18.04.2024 in Cr. Misc. No. 18909 of 2024 :- "Re:- Cr. Misc. No. 18909 of 2024.

Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Rosera P.S. Case No. 503 of 2023 registered for the offence under Sections

2/4 302, 120B/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the deceased was killed by hired criminals.

4. The petitioner is named in the FIR.

The petitioner is accused in eight more serious cases which includes cases of murder and attempt to murder.

5. It has come during investigation that the petitioner has hired the criminals to kill the deceased and on the instructions of the petitioner, the contract killers killed the deceased and in the scientific investigation also the mobile phone location of the petitioner was also found in the area where the occurrence took place.

6. Learned senior counsel for the petitioner has argued that the deceased was a well known criminal of the area and therefore he is killed by someone and the petitioner is falsely implicated in this case.

7. The petitioner is in jail since 15.09.2023.

8. Considering the fact that the deceased has been killed on the instructions of the petitioner by contract killers, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, this application is dismissed. 10. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest."

3/4

4. Learned counsel for the petitioner submits that the petitioner is not the assailant of the deceased and out of eight charge-sheeted witnesses, 5 have already been examined. He further submits that similarly situated co-accused namely Rajesh Kumar Mandal has been granted bail by this Court. He further submits that the deceased was a veteran criminal and he was accused in 13 cases and he may have been killed by someone and the false implication of the petitioner cannot be overruled as the FIR has been registered after 24 hours of the occurrence.

5. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant submits that the petitioner is involved in the killing of the deceased and is accused in five more cases.

6. Considering the aforesaid facts and circumstances, the period of custody, the delay in the trial and the criminal antecedents of the deceased, this application for regular bail is allowed.

7. Accordingly, let the petitioner, above named, be 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 the learned Additional District Judge-I, Rosera,

4/4 Samastipur/concerned Court below in connection with Rosera P.S. Case No. 503 of 2023 subject to conditions that:- (i). The petitioner will mark his attendance at the Rosera Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

(iii). Both the bailors will be close blood relatives of the petitioner.

(Sandeep Kumar, J) Shishir/- U T