Vishal Kumar Jha @ Vishal Jha @ Raja Vs The State… — Murder and Culpable Homicide | Patna HC (2026)

Vishal Kumar Jha @ Vishal Jha @ Raja Vs The State… — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Petitioner directed to be enlarged on bail on furnishing bail bond of Rs.10,000 with two sureties of the like amount each to the satisfaction of the learned Court below, subject to attendance on every trial date; trial to proceed without unnecessary adjournments and bail bonds liable to cancellation on two consecutive unexplained absences.

Issue for consideration

Whether the petitioner, named only through the confessional statement of co-accused Ayush Singh in Ahiyapur P.S. Case No. 422 of 2021 (offences under Sections 302, 120 (b) and 34 IPC and Section 27 Arms Act), should be enlarged on bail.

Court's answer

Beyond the confessional statement there is no other material against the petitioner; the thrust of allegation is against other co-accused persons.

Ratio / Principle

Parity with similarly situated co-accused, who have already been granted bail by the coordinate Benches of this Court, supports release of the petitioner.

Key takeaways

The petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs.10,000 with two sureties of the like amount each, to the satisfaction of the learned Court below where Ahiyapur P.S. Case No. 422 of 2021 is pending / successor Court.ratio¶19
The trial court is to proceed without giving unnecessary adjournments; if charges have not yet been framed, the petitioner shall be available on the next date fixed for framing of charge.ratio¶20
Condition of bail: the petitioner shall remain physically present in court on each and every date during trial, and on failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned court concerned.

Detailed headnote1 paragraphs

Bail – Patna High Court (Soni Shrivastava, J.) allowed bail to Vishal Kumar Jha @ Vishal Jha @ Raja in Ahiyapur P.S. Case No. 422 of 2021 (District Muzaffarpur), registered under Sections 302, 120 (b) and 34 IPC and Section 27 Arms Act, concerning the shooting death of the informant’s brother by two unknown persons. The petitioner’s name surfaced only through the confessional statement of co-accused Ayush Singh, who had already been granted bail by order dated 16.12.2022 in Cr. Misc. No. 55769 of 2022 (Annexure-P/2); per counsel, the confession (para 29) and CCTV footage in the case diary identified Kanhayi Singh and Abhishek Mishra as the shooters. Holding that beyond the confessional statement there was no other material against the petitioner, that the thrust of allegation was against other co-accused, and that similarly situated co-accused had already been released by coordinate Benches, and noting the petitioner was in custody since 28.02.2025 without substantial progress in the case, the Court enlarged him on bail on a bond of Rs.10,000 with two like sureties. Directions: trial court to proceed without unnecessary adjournments and frame charge with petitioner present on the next date; petitioner to attend every trial date, failing which on two consecutive dates without sufficient reasons his bail bonds would be liable to cancellation.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55423 of 2025

Arising Out of PS. Case No.-422 Year-2021 Thana- AHIYAPUR District- Muzaffarpur

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

Vishal Kumar Jha @ Vishal Jha @ Raja S/o Late Nand Kishore Jha R/o Village - Manikchowk, P.S - Runnisaidpur, District - Sitamarhi

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, A.P.P. ======================================================

CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER

3 12-02-2026

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

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120 (b) and 34 of the I.P.C and Section 27 of Arms Act.

As per the prosecution case, informant’s brother was shot dead by two unknown persons.

Learned counsel for the petitioner submits that the First Information Report has been lodged against unknown and the name of the petitioner transpired through the confessional statement of coaccused, Ayush Singh, who has already been granted bail by an order dated 16.12.2022 passed in Cr. Misc. No. 55769 of 2022 (AnnexureP/2). It is further submitted that a number of other co-accused persons with criminal antecedents have also been granted bail by different co-ordinate Benches of this Court. Further, submission on

Patna High Court CR. MISC. No.55423 of 2025(3) dt.12-02-2026 2/3

behalf of the petitioner is that it would be evident from the confessional statement of Ayush Singh recorded in paragraph 29 and also from the CCTV footage which forms a part of the case diary that one Kanhayi Singh and Abhishek Mishra had been identified as the persons who had resorted to firing upon the deceased. The petitioner is in custody since 28.02.2025 and no substantial progress has been made in the case.

Learned APP for the State opposes the bail petition.

Taking into consideration the facts and circumstances of the case and also considering the fact that beyond confessional statement there is no other material against the petitioner rather the thrust of allegation is against other co-accused persons and similarly situated co-accused persons have already been granted bail by the coordinate Benches of this Court, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ahiyapur P.S. Case No. 422 of 2021.

However, since it appears that it was on account of delayed appearance of this petitioner that a delay has been caused in the trial, let the trial court now proceed without giving any unnecessary adjournments and in case charges have not been framed till yet the petitioner shall be available on the next date fixed in the

Patna High Court CR. MISC. No.55423 of 2025(3) dt.12-02-2026 3/3

case for framing of charge.

Further, the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Soni Shrivastava, J)

vashudha/-

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