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Patna High Court

Rajnish Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of proof of the alleged fraudulent transfer and considering the family dispute, bail should be granted to the petitioners.

Summary

The petitioners, Rajnish Kumar Jha and his wife Pinki Devi, were arrested in connection with a case alleging offences under several sections of the B.N.S., 2023, including attempted arson, damage to property, and fraudulent transfer of Rs.2.5 lakh. The prosecution alleged that the petitioners tried to burn an informant and her children, damaged her house, and fraudulently transferred money without executing a sale deed. The petitioners contended that they are full brothers of the informant’s husband, that the dispute arose from a family property partition, and that the alleged financial fraud was unproven; they also asserted a clean criminal antecedent. The State opposed bail, but the court noted the lack of proof regarding the money transfer and the familial relationship, and therefore granted bail on a bond of Rs.10,000 with two sureties, subject to verification of criminal antecedents under Section 482(2) of the B.N.S.S. The order also stipulated that bail could be cancelled if any concealed antecedent is discovered.

Issues considered

  • Whether the allegations of fraud and arson constitute sufficient ground to deny bail.
  • Whether the prosecution has proved the alleged fraudulent transfer of Rs.2.5 lakh.
  • Whether the familial relationship and property dispute affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • property dispute
  • fraud
  • arson
  • family relationship
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13313 of 2026
                       Arising Out of PS. Case No.-166 Year-2025 Thana- ARER District- Madhubani
                 ======================================================
           1.     Rajnish Kumar Jha S/o- Late Arjun Jha Resident of Village- Brahmpura PS-
                  Arer District- Madhubani, Residing at A-39 Block-A Phase-3, Vikash Nagar
                  Uttam Nagar, West Delhi
           2.    Pinki Devi @ Pinki Jha @ Jha Devi W/o- Rajnish Kumar Jha Resident of
                 Village- Brahmpura PS- Arer District- Madhubani, Residing at A-39 Block-
                 A Phase-3, Vikash Nagar Uttam Nagar, West Delhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Yashraj Bardhan, Advocate
                 For the Opposite Party/s :       Mr. Vinod Shanker Modi, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

3   01-04-2026                  Heard the learned counsel for the petitioners and the

                   learned A.P.P. appearing for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Arer P.S. Case No.166 of 2025, for having allegedly

                   committed offences under Sections 126(2), 115(2), 324(4),

                   316(2), 318(4), 352, 351(2) and 3(5) of the B.N.S., 2023.

                                3. As per the prosecution story, the petitioners used to

                   call the informant Dian and when she denied to go for

                   Panchayati, they tried to burn the informant and her children.

                   Further, the accused persons have damaged the house of the

                   informant by using J.C.B. and the petitioner no.1 is said to have

                   fraudulently transferred Rs.2,50,000/- from the account of the
Patna High Court CR. MISC. No.13313 of 2026(3) dt.01-04-2026
                                            2/3




          informant’s husband in his account in the name of executing

          sale deed, but have not executed the sale deed.

                       4. The learned counsel for the petitioners submits that

          the petitioner no.1 and the husband of the informant are full

          brothers and there is a dispute in between the brothers with

          regard to partition of the property. The petitioner no.1 resides

          with his family in Delhi and deals in spare parts of vehicle. It is

          further submitted that the petitioner no.1 gave tractor,

          motorcycle and other articles to the husband of the informant,

          keeping in view his financial conditions, but the husband of the

          informant was not taking care of the same and started selling the

          articles given by him, for which an altercation took place and

          the husband of the informant himself burnt the motorcycle. It is

          lastly submitted that the petitioners have got clean antecedent.

                       5. The learned A.P.P. for the State opposes the prayer

          for bail.

                       6. Having heard the learned counsel for the parties

          and taking into consideration that the petitioner no.1 and the

          husband of the informant are full brothers and there is dispute in

          between them with regard to partition of the property and

          further the allegation with regard to taking/transferring

          Rs.2,50,000/- has not been proved, let petitioners, above-named,
               Patna High Court CR. MISC. No.13313 of 2026(3) dt.01-04-2026
                                                           3/3




                         in the event of their arrest or surrender within a period of six

                         weeks, be released on bail on furnishing bail bonds of

                         Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                         the like amount each to the satisfaction of the learned Sub-

                         Divisional Judicial Magistrate, Benipatti in connection with

                         Arer P.S. Case No.166 of 2025, subject to the conditions laid

                         down under Section 482(2) of the B.N.S.S. with a further

                         condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioners and in case at any stage it is found

                         that the petitioners have concealed their criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bonds of

                         the petitioners. However, the acceptance of bail bonds in terms

                         of the above-mentioned order shall not be delayed for purpose

                         of or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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