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Patna High Court

Rakesh JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In the absence of specific allegations and any criminal antecedent, the petitioners are entitled to bail under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Rakesh Jha and Amod Jha, were apprehended for possible arrest in a dowry‑related assault case (Benipatti PS Case No. 280 of 2024) where several offences under the B.N.S. were alleged. They contended that they were falsely implicated, had no criminal antecedent, and that the FIR did not contain specific allegations against them. The State opposed their bail application. The court observed that the petitioners were named in the FIR but no specific charges or incriminating material were linked to them, and they had no prior record. Consequently, the court ordered their release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order effectively granted bail and disposed of the petition.

Issues considered

  • Whether the petitioners are entitled to bail despite being named in the FIR without specific allegations
  • Whether the lack of criminal antecedent and absence of incriminating material justify bail
  • Applicability of Section 482(2) of the B.N.S.S. in granting bail

Legislation cited

  • B.N.S. — s. 115(2), 125, 126(2), 303(2), 3(5), 351(2)(3), 352, 76
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • dowry harassment
  • assault
  • FIR
  • criminal antecedent
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13207 of 2026
                    Arising Out of PS. Case No.-280 Year-2024 Thana- BENIPATTI District- Madhubani
                 ======================================================
           1.     Rakesh Jha S/O Amod Jha Resident of Village- Sarisab Tole Sakradhi,
                  Police Station- Benipatti, District- Madhubani.
           2.    Amod Jha S/O Late Yadubir Jha Resident of Village- Sarisab Tole Sakradhi,
                 Police Station- Benipatti, District- Madhubani.
                                                                          ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.     Priyanka Jha D/O Salin Thakur R/O Vill.- Jalwar, P.S.- Simri, Dist.-
                  Darbhanga.
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Md. Soban Asghar, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State

                                2. The petitioners apprehend their arrest in connection

                   with Benipatti P.S Case No. 280 of 2024 registered for the

                   offences punishable under Sections 126(2), 115(2), 125, 303(2),

                   76, 352, 351(2)(3), & 3(5) of B.N.S.

                                3. As per the prosecution case, it is case of assault of

                   the informant by her matrimonial family for the non-fulfillment

                   of the demand of dowry.

                                4. Learned counsel for the petitioners submits that

                   petitioners have falsely been implicated in this case. It is next

                   submitted that petitioners have got no criminal antecedent as
           Patna High Court CR. MISC. No.13207 of 2026(2) dt.12-03-2026
                                                       2/2




                     stated in paragraph no. 3 of the bail petition.

                                   5. Learned counsel for the State opposes the prayer

                     for bail of the petitioner.

                                   6. From perusal of the F.I.R., impugned order and

                     materials available on record it appears that petitioner is named

                     in FIR but there is no specific allegation against the petitioners.

                     Petitioners have got no criminal antecedent as stated in

                     paragraph no. 3 of the bail petition. No incriminating articles

                     have been recovered from the conscious possession of the

                     petitioner.

                                   7. Considering the aforesaid facts and circumstances

                     of the case, submissions made on behalf of the petitioners, let

                     the above named petitioners be released on bail in the event of

                     their arrest or surrender before the trial court within a period of

                     six weeks from today on furnishing bail bond of Rs. 10,000/-

                     (Ten thousand) each with two sureties of the like amount each to

                     the satisfaction of learned ACJM, Benipatti, Madhubani in

                     connection with Benipatti P.S Case No. 280 of 2024 subject to

                     the condition laid down under Section 482(2) of B.N.S.S.



                                          (Ramesh Chand Malviya, J)
Mayank/-
U     T


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