Lala Jha @ Indrajeet Kumar @ Indrajeet Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50953 of 2025 Arising Out of PS. Case No.-285 Year-2024 Thana- DALSINGHSARAI District- Samastipur ====================================================== Lala Jha @ Indrajeet Kumar @ Indrajeet Kumar Jha Son of Parmanand Jha village - Bhatgama , Police Station - Dalsingsarai , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sessions Trial No. 278 of 2025/109 of 2025 arising out of Dalsinghsarai P.S. Case No. 285 of 2024 instituted for the offences under Sections 126(2), 115(2), 109, 103, 352, 3(5) of the BNS and Section 27 of the Arms Act.

As per prosecution case, an altercation took place over opening a shop between the informant and the accused persons. It is further alleged that two co-accused persons fired upon the door of the shop, causing injuries to the father of the informant, who ultimately died.

4.

Learned counsel for the petitioner submitted that

Patna High Court CR. MISC. No.50953 of 2025(2) dt.25-07-2025 2/3 the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The specific allegation of firing is attributed to the co-accused Shivam Mahto and Lagnu Mahto. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2024 and has two criminal antecedents. The co-accused person has already been granted bail by this Court vide order dated 15.04.2025 passed in Cr. Misc. No. 19876 of 2025. 5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, there being no specific of firing upon the deceased against the petitioner as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sessions Trial No. 278 of 2025/109 of 2025 arising out of Dalsinghsarai P.S. Case

Patna High Court CR. MISC. No.50953 of 2025(2) dt.25-07-2025 3/3 No. 285 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T