Patna High Court
Bittu Jha @ Bittu Kumar Jha @ Vitu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner.
Summary
The petitioner, Bittu Jha, was implicated in an FIR alleging assault on Akash Kumar with a khanti and iron rod, invoking several offences under the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting innocence, noting that medical evidence showed only a single injury on the victim’s hand and none on the head, and highlighting his clean antecedent. The State opposed the bail application. The Court examined the nature of the allegations, the medical findings, and the petitioner’s record. Considering the lack of substantive injury evidence and the petitioner’s clean antecedent, the Court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, and directed that the bail be enlarged if he is arrested within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations under multiple sections of the Bharatiya Nyaya Sanhita
- Whether the medical evidence and clean antecedent justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 353
Subjects
- anticipatory bail
- assault
- clean antecedent
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12210 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Bittu Jha @ Bittu Kumar Jha @ Vitu Kumar Jha Son of Binod jha R/o Village
- Lalmanpatti, Ward no. 05, P.S. - Ratanpura, District - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
117(2), 109, 303(2), 353, 351(2), 3(5) of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., this petitioner along with co-accused
Saurabh Jha assaulted on the head and hand of Akash Kumar
with khanti and iron rod.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Though
there is allegation of assault on the head and hand of Akash Jha
but doctor has found only one injury on his hand and no injury
was found on the head. Allegation of assault is general and
omnibus. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.12210 of 2026(2) dt.09-04-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Birpur, Supaul in connection with Ratanpura P. S.
Case No. 19 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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