Patna High Court
Mithu JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The High Court allowed bail to the appellants, setting aside the trial court’s order denying bail.
Summary
The appellants, a group of Jha individuals, were charged under multiple sections of the B.N.S. Act and the SC/ST (Prevention of Atrocities) Act for allegedly participating in a mob assault on the son of the respondent, during which caste slurs were used. The trial court denied their bail applications, but the appellants contended they were falsely implicated, that the injury was minimal, and that no specific overt act could be linked to them, citing lack of criminal antecedents and the grant of bail to a co‑accused in a similar case. The State argued that the incident constituted a caste‑based mob attack warranting continued detention. After hearing both sides, the High Court found the allegations against the appellants to be general and not supported by specific evidence, and therefore allowed the bail applications. The court set aside the trial court’s order and directed that the appellants be released on bail upon furnishing a bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the appellants should be granted bail despite being charged under multiple sections of the B.N.S. Act and the SC/ST (POA) Act for a alleged caste‑based mob assault.
- Whether the prosecution has established specific overt acts linking each appellant to the alleged violence.
Legislation cited
- B.N.S. — s. 109(1), 115(2), 117(2), 118(1), 118(2), 126(2), 190, 191(2), 191(3), 303(2), 324(5), 329(4), 61(2), 74
- SC/ST (POA) Act — s. 3(1)(r), 3(2)(v), 3(i)(s)
Subjects
- bail
- SC/ST (POA) Act
- caste violence
- mob assault
- criminal procedure
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1049 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Mithu Jha S/O Vijay Chandra Jha @ Vijay Jha Resident of Village-
Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.
2. Hemkant Jha S/O Late Triveni Kant Jha Resident of Village- Harinagar, P.S-
Kusheshwarsthan, District- Darbhanga.
3. Srinath Jha @ Srikant Jha S/O Late Shiv Shankar Jha Resident of Village-
Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.
4. Namami Shankar Jha S/O Arun Jha Resident of Village- Harinagar, P.S-
Kusheshwarsthan, District- Darbhanga.
5. Guddu Jha S/O Uday Chandra Jha Resident of Village- Harinagar, P.S-
Kusheshwarsthan, District- Darbhanga.
6. Santosh Kumar Jha @ Santosh Jha S/O Late Jagdish Jha Resident of
Village- Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.
7. Raushan Jha S/O Jagarnath Jha Resident of Village- Harinagar, P.S-
Kusheshwarsthan, District- Darbhanga.
8. Prahlad Kumar Jha @ Prahlad Jha S/O Shyam Jha Resident of Village-
Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.
9. Anand Kumar Jha S/O Sumant Jha @ Subhash Jha Resident of Village-
Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.
... ... Appellant/s
Versus
1. The State of Bihar
2. Asharfi Paswan S/O Late Saryug Paswan Resident of Village- Harinagar,
P.S- Kusheshwarsthan, District- Darbhanga.
... ... Respondent/s
======================================================
with
CRIMINAL APPEAL (SJ) No. 1086 of 2026
Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
1. Mahant Mishra S/o Late Shiv Shankar Mishra R/o Village - Harinagar, P.S -
Kusheshwarsthan, District - Darbhanga
2. Lala Mishra @ Lal Mishra S/o Late Shiv Shankar Mishra R/o Village -
Harinagar, P.S - Kusheshwarsthan, District - Darbhanga
3. Kashikant Jha @ Kashi Jha S/o Late Gopal Jha R/o Village - Harinagar, P.S -
Kusheshwarsthan, District - Darbhanga
... ... Appellant/s
Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026
2/4
Versus
1. The State of Bihar
2. Asharfi Paswan S/o Late Saryug Paswan R/o Village - Harinagar, P.S -
Kusheshwarsthan, District - Darbhanga
... ... Respondent/s
======================================================
Appearance :
(In CRIMINAL APPEAL (SJ) No. 1049 of 2026)
For the Appellant/s : Mr. Subodh Kumar Jha, Advocate.
Mr. Pranav Kumar Jha, Advocate.
Mr. Chandra Mohan Jha, Advocate.
For the Respondent/s : Mr.Usha Kumari 1
(In CRIMINAL APPEAL (SJ) No. 1086 of 2026)
For the Appellant/s : Mr. Pranav Kumar Jha, Advocate
For the Respondent/s : Mrs .Usha Kumari 1, Spl. PP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
4 14-05-2026 Heard learned counsel for the appellants, learned
Special Public Prosecutor for the State and learned counsel for
the respondent.
2. The instant appeal has been filed by the appellants
against the order dated 18.02.2026 passed by learned Exclusive
Special Judge, SC/ST (POA) Act, Darbhanga whereby the
prayer for bail of the appellants in connection with
Kusheshwarsthan P.S. Case no. 22 of 2026 under Sections
126(2), 115(2), 109(1), 118(1), 118(2), 117(2), 74, 303(2),
324(5), 329(4), 191(2), 191(3), 190, 61(2) of B.N.S. and
Sections 3(1) (r), 3(i)(s), 3(2)(v) of SC/ST (POA) Act was
rejected.
3. The case of the prosecution is that the wages of
respondent’s son was remaining in one Hemkant Jha and on this
Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026
3/4
score, there was dispute. On 01.0.2026, the son of the
respondent was returning after purchasing vegetables. It is
alleged that the appellant along with other 69 named persons
and 100-150 unknown persons assaulted the son of the
respondent with rod, farsa, dabiya and brick. It is further alleged
that he was being abused with the caste name. It is further
alleged that Foolkant Jha ordered to kill and on his order,
Hemkant Jha, Srikant Jha and others have assaulted with iron
rod on the head of the respondent’s son.
4. It is submitted by learned counsel for the appellants
that appellants have been falsely implicated in this case. From
perusal of the FIR, it is clear that seventy accused persons are
named and 100-150 accused persons are unnamed. From perusal
of the injury report of the Vikram Paswan, it appears that, he has
received one injury. He has further submitted that if for a
moment, it is taken that the injury received by the son of the
respondent is grievous, in that case also, the nature of allegation
is general and omnibus. He further submits that similarly
situated co-accused namely, Laipit Jha has been granted bail by
this Court vide Cr. Appeal (SJ) No. 850 of 2026. Moreover, a
statement has been made in para-3 of this petition that the
appellants have got no criminal antecedent and they are
Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026
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languishing in judicial custody since 01.02.2026.
5. The appeal for bail is opposed by learned Spl. P.P.
for the State and learned counsel for the respondent and has
submitted that in this case, a mob has assaulted the members of
the SC/ST community which is apparent from the order of the
learned trial court.
6. Having heard learned counsel for the parties and
taking into consideration that there is no any specific overt act
against the appellants, the Court is inclined to allow this appeal.
Accordingly, the appeal is allowed and the impugned order
dated 18.02.2026 is hereby set aside.
7. The appellants are directed to be enlarged on bail
in connection with Kusheshwarsthan P.S. Case No. 22 of 2026
on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Judge, SC/ST (POA) Act,
Darbhanga.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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