Patna High Court
ANKIT KUMAR JHA @ ANKIT KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Ankit Kumar Jha, a 19‑year‑old with no prior record, was named in an FIR for alleged participation in a violent assault involving sword and knife, during which Rs.5,000 was allegedly stolen. He contended that the informant, the son of Sanoj Jha, fabricated the charges due to a personal dispute and that the injuries described were actually caused by a blunt object. The petitioner sought anticipatory bail, arguing that his arrest would jeopardise his future and that he would cooperate with the investigation. The State opposed the bail. The Court examined the credibility of the allegations, the petitioner’s clean antecedent, and the bail granted to a co‑accused, and concluded that anticipatory bail was appropriate under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S, subject to bond and surety conditions. Consequently, the petitioner was ordered to be released on anticipatory bail if arrested within six weeks, with two sureties of Rs.10,000 each.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in view of the allegations made in the FIR.
- Whether the allegations of assault with sword and knife are credible or fabricated, affecting the grant of bail.
Legislation cited
- B.N.S.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- false implication
- assault with weapon
- youth offender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13931 of 2026
Arising Out of PS. Case No.-1186 Year-2025 Thana- MAHUA District- Vaishali
======================================================
ANKIT KUMAR JHA @ ANKIT KUMAR S/O SANOJ JHA VILLAGE -
LAXMI BAKHRI, P.S.- MAHUA, DIST.- VAISHALI.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a young boy
aged about 19 years and the informant alleges that on
29.12.2025, at about 04:00 a.m., while he was coming to Patna
when accused persons intercepted him and petitioner along with
Sanoj Jha and 3-4 unknown accused assaulted him by sword and
knife causing injury on head, neck and right hand and on alarm,
accussed fled away after snatching Rs.5,000/-.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.13931 of 2026(2) dt.30-03-2026
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informant being son of Sanoj Jha. It is further submitted that
from perusal of the allegation as alleged in the FIR, it would
manifest that the informant alleges that about 3-4 months back,
he had a dispute with Sanoj Jha and on account of the said
dispute, the instant occurrence was committed. It is next
submitted that no doubt, the informant alleges that he was
assaulted by sword and knife causing injury on head, neck and
right hand but then the allegation of assualt is not specific and
the injury has been opined to be simple in nature caused by hard
and blunt substance. It is also submitted that Sanoj Jha has been
granted the privilege of regular bail by an order dated
30.01.2026 in B.P. No. 45 of 2026 and from perusal of the same,
it would manifest that the learned trial court while considering
his bail application has recorded that para 40 of the case diary
records the injury of the informant and the same has been
opined to be simple in nature caused by hard and blunt
substance. It is, thus, submitted that the allegation of assault by
sword and knife has been alleged only with a view to give
seriousness to the case. It is further submitted that petitioner is a
person with clean antecedent and is a young boy, aged about 19
years and if he is sent to judicial custody in the nature of
allegation as alleged his entire career would get jeopardized and
Patna High Court CR. MISC. No.13931 of 2026(2) dt.30-03-2026
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chances are bright that he may come in contact with the
hardened criminals. It is next submitted that petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner, above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees One Thousand) with two sureties
of the like amount each to the satisfaction of the learned Trial
Court where the case is pending/Successor Court in connection
with Mahua P.S. Case No. 1186 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./482(2) of the B.N.S.S.
7. One of the bailors of the petitioner shall be his
uncle, namely, Rajeev Kumar Jha.
(Satyavrat Verma, J)
Kundan/-
U T
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