Patna High Court

JEETENDRA NATH JHAversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: NAWNEET KUMAR PANDEY

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond, sureties and the conditions of Sections 438(2) CrPC and 482(2) BNSS, 2023.

Summary

Petitioners Jeetendra Nath Jha and Nidhi Jha sought anticipatory bail fearing arrest in a kidnapping case (Section 365 IPC) registered as Araria P.S. Case No. 28 of 2021. They asserted that they were falsely implicated and are merely relatives of the main accused, Aman Jha, who had already been granted anticipatory bail. The State opposed the relief, arguing the seriousness of the alleged offence. The Court examined the petitioners' clean antecedent, their lack of involvement in the alleged crime, and the precedent of bail granted to the main accused. Considering these factors, the Court ordered that the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount, subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, 2023.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC in a case punishable under Section 365 IPC.
Whether the petitioners' familial relationship to the main accused precludes the grant of anticipatory bail.
Whether the conditions prescribed under Section 482(2) of the BNSS, 2023 are applicable.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 365

Subjects

anticipatory bail
kidnapping
Section 365 IPC
Section 438 CrPC
Section 482 BNSS 2023
high court
bail bond
sureties

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.141 of 2026
                         Arising Out of PS. Case No.-28 Year-2021 Thana- ARARIA District- Araria
                 ======================================================
           1.     JEETENDRA NATH JHA S/o- Basukinath Jha R/v- Dumaria Ps-
                  Dandakhora Dist-Katihar
           2.    Nidhi Jha @ Nidhi Kumari d/o- Anand Dev Jha R/v- Dumaria Ps-
                 Dandakhora Dist-Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Md. Naushaduzzoha
                 For the State            :        Ms. Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

2   09-01-2026                     Heard learned counsel for the petitioners as well as the

                   learned APP for the State.

                                 2. The petitioners apprehends their arrest in connection

                   with Araria P.S. Case No. 28 of 2021, registered for the offences

                   punishable under Section 365 of the IPC.

                                 3. As per allegation, some unknown accused persons are

                   said to have kidnapped the daughter of the informant.

                                 4. The learned counsel for the petitioners has submitted

                   that the petitioners are innocent and have falsely been implicated in

                   this case. He has further submitted that the main accused, namely,

                   Aman Jha @ Aman Anand, with whom the victim had love and

                   affection, has been granted privilege of anticipatory bail by this Court

                   vide order dated 15.10.2025 passed in Cr. Misc. No. 18763 of 2025.
             Patna High Court CR. MISC. No.141 of 2026(2) dt.09-01-2026
                                                         2/2




                       It has further been submitted that the petitioners are brother-in-law

                       and sister of the main co-accused Aman Jha @ Aman Anand having

                       no concern with his day-to-day affairs. The petitioners are persons of

                       clean antecedent.

                                    5. On the other hand, learned APP for the State has

                       opposed the prayer for anticipatory bail.

                                    6.    Considering       the    above-mentioned   facts   and

                       circumstances, let the petitioners, in the event of their arrest or

                       surrender within four weeks before the learned court below, be

                       released on anticipatory bail on furnishing bail bond of Rs. 10,000/-

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

                       satisfaction of learned C.J.M., Araria in connection with Araria P.S.

                       Case No. 28 of 2021, subject to the conditions as laid down under

                       Section 438(2) of the CrPC/482(2) of the BNSS, 2023.


                                            (Nawneet Kumar Pandey, J)

priyanka/-

U      T

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