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Patna High Court

Ritesh Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                          2/2




                        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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