Patna High Court
Dilip Jha @ Rajeev Kumar Jha @ Rajeev JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail.
Summary
The petitioner, Dilip Jha, was charged under sections 126(2), 115(2), 117(2), 109, 352, 74 and 3(5) of the BNS for assaulting Subhash Chandra Jha with an iron rod, causing a fractured elbow. The petitioner sought regular bail, arguing that the injury, though grievous, was confined to the elbow and therefore the offence was bailable, and citing a similar bail order granted to a co‑accused in Cr. Misc. No. 52599 of 2025. The State opposed the bail application. The court examined the nature of the injury, the bailability of the offences, and the precedent, and concluded that bail should be granted. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the offences under sections 126(2), 115(2), 117(2), 109, 352, 74 and 3(5) of the BNS are bailable.
- Whether the petitioner is entitled to regular bail in view of the nature of the injury and the earlier bail order in a similar case.
Legislation cited
- BNS — s. 109, 115(2), 117(2), 126(2), 3(5), 352, 74
Subjects
- regular bail
- grievous injury
- bailable offence
- sureties
- High Court
- precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14800 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Dilip Jha @ Rajeev Kumar Jha @ Rajeev Jha Son of Late Tirpit Jha @ Late
Tirpit Narayan Jha @ Tiript Narayan Jha Resident of Village - Nandenagar
Balaha, P.S.- Rosera, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar, Advocate
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2),
115 (2), 117 (2), 109, 352, 74 and 3 (5) of the BNS.
3. The case of the prosecution, in brief, is that the
petitioner along with one Prince Jha assaulted Subhash Chandra
Jha with an iron rod, causing injury to his elbow, which resulted
in a fracture.
4. Learned counsel for the petitioner submits that
although the injury has been opined to be grievous in nature on
account of the fracture, the injury is confined to the elbow and,
therefore, the alleged offence is bailable. It is further submitted
Patna High Court CR. MISC. No.14800 of 2026(2) dt.25-02-2026
2/2
that a similarly situated co-accused persons has already been
granted bail vide order dated 13.08.2025 passed in Cr. Misc. No.
52599 of 2025 by a co-ordinate Bench of this Hon’ble Court.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Rosera P.S. Case No. 59 of 2025 on
furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
ACJM-1st, Rosera, Samastipur.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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