Patna High Court
Rakesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
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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