Debasis Jha @ Dabasis Kumar @ Bramha Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77712 of 2025 Arising Out of PS. Case No.-438 Year-2025 Thana- KATIHAR NAGAR District- Katihar ====================================================== Debasis Jha @ Dabasis Kumar @ Bramha Jha S/o- Murlidhar Jha Resident of Village- Naya Tola Katihar ward No- 34 PS-Katihar Nagar, Dist- Katihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sima Devi W/o- Shyam Sunder Jha @ Kalu Jha R/v- Naya Tola Katihar Shiv Mandir Chauk W.No-34, Ps- Katihar Town Dist- Katihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Narayan Yadav, Advocate For the Opposite Party/s :

Mrs. Rita Verma, APP For the Informant :

Mrs. Vaishnavi Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in connection with Katihar Town P.S. Case No. 438 of 2025, instituted for the offences punishable under Sections 109(2), 61(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that while husband of the informant was returning to his home, the petitioner along with other co-accused persons intercepted him and fired a gunshot on his head due to which he sustained injury and fell down on the spot.

Patna High Court CR. MISC. No.77712 of 2025(3) dt.04-02-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that no specific allegation of firing has been attributed against the petitioner rather the same is general and omnibus in nature. It is next submitted that the petitioner has been falsely implicated in this case due to family dispute. It is further submitted that there is case and counter case between the parties. The petitioner is in custody since 12.06.2025 and has got four criminal antecedents.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account 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. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.77712 of 2025(3) dt.04-02-2026 3/3 below/concerned Court in connection with Katihar Town P.S. Case No. 438 of 2025, 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 prosecution will have liberty to move for cancellation of bail.

(III) The petitioner will not tamper with the evidence or with the witnesses during the trial.

(IV) Petitioner shall not commit offence of similar nature in future.

(V) The petitioner shall not leave the territorial jurisdiction of the learned Court below without taking prior permission of the Court concerned.

If any of the above conditions are violated, the prosecution will have liberty to file appropriate application for cancellation of bail of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T