Patna High Court

Makhan Lal Jha @ Makhan LalversusThe State of Bihar

Decided: 23 February 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail was not granted as the allegations were of a serious and violent nature.

Summary

Makhan Lal Jha applied for anticipatory bail after being implicated in a case (PS Case No.125 of 2025) alleging that he and others entered a temple with deadly weapons, assaulted the priest, looted Rs.43,000 in cash and damaged goods worth Rs.50,000‑60,000. The prosecution charged him under multiple sections of the Bharatiya Nyaya Sanhita, including offences of murder, attempt to murder, causing grievous hurt, robbery, and criminal conspiracy. The petitioner feared arrest and sought pre‑emptive bail. The Court examined the seriousness of the allegations, noting the violent nature of the alleged acts and the substantial loss involved. Concluding that the case did not merit anticipatory bail, the Court dismissed the application.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita given the nature of the alleged offences.

Legislation cited

Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 324(1), 3(5), 351(2), 352, 76

Subjects

anticipatory bail
criminal law
assault
robbery
temple
Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.12661 of 2026
                   Arising Out of PS. Case No.-125 Year-2025 Thana- DARBHANGA District- Darbhanga
                 ======================================================
                 Makhan Lal Jha @ Makhan Lal Son of Shambhunath Jha Resident of Mohalla
                 - Shubhankarpur, P.S. - Town, Dist. - Darbhanga.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar


                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Uzma Sultan, Advbocaqte
                 For the State           :       Mr.Shyam Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

2   23-02-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                  2. The petitioner apprehends arrest in connection with

                   Town P.S. Case No. 125 of 2025 instituted under Sections

                   115(2), 126(2), 303(2), 117(2), 109, 76, 324 (1), 351(2), 352 and

                   3(5) of the Bharatiya Nyaya Sanhita.

                                  3. The case of the prosecution is that the accused

                   persons including the petitioner entered the premises of Radha

                   Krishna Baldev Mandir on 05.07.2025 with deadly weapons and

                   brutally assaulted the temple priest. Further, the accused persons

                   also looted Rs. 43,000/- cash from the temple and damaged
           Patna High Court CR. MISC. No.12661 of 2026(2) dt.23-02-2026
                                                       2/2




                     temple goods worth approximately Rs. 50,000-60,000/-.

                                  4. Considering the nature of allegation, this is not a fit

                     case for grant of anticipatory bail to the petitioner.

                                  5. Accordingly, the application stands dismissed.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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