Patna High Court
Ritesh Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to both petitioners subject to a bond of Rs. 10,000 each with two sureties.
Summary
Ritesh Kumar Jha and Gagnesh Kumar Jha were arrested in connection with a dispute arising from a Panchayat election, alleged to have assaulted an informant with a bamboo stick and a pistol, and charged under several sections of the Bharatiya Nyaya Sanhita. The petitioners, represented by Mr. Jitendra Kumar Bharti, sought regular bail, arguing that they have clean or minimal antecedents, were falsely implicated, and would cooperate with the trial. The State, through Ms. Sharda Kumari, opposed the bail on the seriousness of the offences. The court considered the nature of the allegations, the petitioners' custody since November 2025, and the lack of prior serious convictions. It ordered that both petitioners be released on bail upon furnishing a bond of Rs. 10,000 each with two sureties of the same amount, to be filed with the trial court handling the case. The bail order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether bail should be granted to the accused under the Bharatiya Nyaya Sanhita for offences including assault, attempt to cause death, and other serious charges
- Whether the petitioners' antecedents and claim of false implication justify regular bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- weapon offence
- false implication
- Panchayat election dispute
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10382 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- MADHEPUR District- Madhubani
======================================================
1. Ritesh Kumar Jha Son of Narendra Kumar Jha R/o Village - Bhakhrain, P.S.-
Madhepur, District - Madhubani.
2. Gagnesh Kumar Jha @ Gangesh Kumar Jha Son of Narendra Kumar Jha R/o
Village - Bhakhrain, P.S.- Madhepur, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Ms.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-05-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 126(2), 115(2), 109, 303(2)
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of two cases and petitioners are in custody
since 18-11-2025. It is next submitted that petitioner no. 1 is
alleged to have assaulted the informant by bamboo causing
injury on head, while petitioner no. 2 fired at him but missed
and thereafter is alleged to have assaulted by butt of pistol
causing injury on head.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.10382 of 2026(2) dt.04-05-2026
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petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that though petitioner no. 2 is
alleged to have assaulted the informant by butt of pistol but then
the case has not been instituted under the Arms Act. It is further
submitted that on account of dispute relating to Panchayat
election, an altercation took place in which both sides assaulted
each other. It is also submitted that if privilege of regular bail is
granted to the petitioners, the petitioners will not abscond rather
will co-operate in the trial to prove their innocence.
5. Learned A.P.P. for the State vehemently opposes
the prayer for bail of the petitioners.
6. Considering the submission made by learned
counsel for the petitioners, let the petitioners above named be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the learned trial court where the case is
pending/successor court in connection with Madhepur PS Case
No. 65 of 2025.
(Satyavrat Verma, J)
Sumit/-
U T
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