Dismissed¶23

Sagar Jha v. The State Of Bihar

Patna HC19 Mar 2025CR. MISC./5008/2025

Case brief

AI extract

What is this about?

Sagar Jha bail rejected; Patna High Court Criminal Miscellaneous No. 5008 of 2025; Bangaon P.S. Case No. 23 of 2024, Saharsa; sections 302 and 201 IPC; fratricide - full brother Chintu Kumar strangled with electric wire, body disappeared; land/property dispute motive alleged by State; petitioner not named in FIR, no eyewitness, no recovery, five criminal antecedents, custody since 15.03.2024; specific and heinous allegation; bail refused 19-03-2025; trial to conclude within one year.

What did the court decide?

Regular bail refused: considering the facts and circumstances of the case and the specific and heinous nature of the allegation against the petitioner, the Judge recorded that he was 'not inclined' to enlarge the petitioner on bail (sentence runs over the page break into paragraph 22: 'inclined to enlarge the petitioner on bail').

Sagar Jha Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether petitioner Sagar Jha should be enlarged on regular bail in connection with Bangaon P.S. Case No. 23 of 2024 (offences punishable under sections 302 and 201 IPC).

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Court's answer

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Key takeaways

Ancillary operative direction: the Learned Trial Court is directed to expedite the trial and conclude the same within a period of one year (quoted text is contiguous across paragraphs 24 and 25, which are adjacent in the source).obiter¶24

Detailed headnote1 paragraphs

Patna High Court (oral order, Chandra Prakash Singh, J., 19-03-2025) rejected the regular-bail application (Criminal Miscellaneous No. 5008 of 2025) of Sagar Jha, arrested in connection with Bangaon P.S. Case No. 23 of 2024 (Saharsa District) registered under sections 302 and 201 of the Indian Penal Code. Prosecution case: a dead body identified as Chintu Kumar (deceased), the petitioner's full brother, was found on the roadside near the house of Dholan Jha; the petitioner is alleged to have killed him by assault and strangulation with electric wire and to have disappeared the body. Counsel argued the petitioner was innocent, implicated owing to a land dispute, unnamed in the FIR (name transpired during investigation), with no eyewitness and no incriminating article recovered; the petitioner had five criminal antecedents and had been in custody since 15.03.2024. The State (A.P.P.) opposed, alleging killing over a property dispute with death caused by strangulation. Finding the allegation specific and heinous, the Judge was 'not inclined to enlarge the petitioner on bail'; the application stood rejected, and the Trial Court was directed to expedite the trial and conclude it within one year.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5008 of 2025

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Arising Out of PS. Case No.-23 Year-2024 Thana- BANGAWON District- Saharsa

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======================================================

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Sagar Jha S/O Santosh Jha R/O Bangaon, Ward No.- 07, P.S.- Bangaon, Dist.Saharsa

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... ... Petitioner/s

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Versus

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The State Of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Pramod Mishra For the Opposite Party/s : Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 19-03-2025

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Heard learned counsel for the petitioner and

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learned A.P.P for the State.

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2 . The petitioner has preferred this application for grant of regular bail in connection with Bangaon P.S. Case No. 23 of 2024 dated 14.03.2024 registered for the offences punishable under sections 302 and 201 of the Indian Penal Code.

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As per the prosecution case, the informant got a secret information that a dead body of a person was lying on the road side of the house of Dholan Jha. The dead body was identified as Chintu Kumar (deceased). The petitioner Sagar Jha brutally killed his full brother by assaulting and

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Patna High Court CR. MISC. No.5008 of 2025(2) dt.19-03-2025 2/3

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strangulating him with electric wire and disappeared the dead body of the deceased.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case due to land dispute. The petitioner is not named in the FIR. The name of the petitioner has transpired in this case during the course of investigation. It is further submitted that there is no eyewitness to the alleged occurrence. No incriminating article has been recovered from the possession of the petitioner. The petitioner has five criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 15.03.2024.

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5 . Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that on account of property dispute, the petitioner Sagar Jha killed his full brother. The cause of death is due to strangulation.

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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

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Patna High Court CR. MISC. No.5008 of 2025(2) dt.19-03-2025 3/3

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inclined to enlarge the petitioner on bail.

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7 . The application stands rejected.

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8 . Learned Trial Court is directed to expedite the

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trial and conclude the same within a period of one year.

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(Chandra Prakash Singh, J)