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Patna High Court

Dilip Jha @ Rajeev Kumar Jha @ Rajeev JhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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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