Patna High Court
Abhimanu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S., 2023.
Summary
The petitioners—Abhimanu Kumar Jha, Chandra Shekhar Jha, Vibha Devi and Prem Lata—filed a bail petition fearing arrest in connection with Rosera P.S. Case No. 352 of 2025, which alleges offences under several sections of the B.N.S., 2023. They contended that they were falsely implicated, that no overt act was proved against the female petitioners, and that the alleged injury was minor. The petition noted that the petitioners had not previously applied for anticipatory or regular bail, and that only one of them had a prior criminal antecedent. The State opposed the bail application. The court, after considering the facts, allowed the petition and ordered that the petitioners be released on bail if arrested or surrendered, subject to a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the B.N.S., 2023, including cancellation of bail if undisclosed criminal antecedents are discovered.
Issues considered
- Whether bail should be granted to the petitioners pending trial in the Rosera P.S. Case No. 352 of 2025
- Whether the conditions prescribed under Section 482(2) of the B.N.S., 2023 are applicable to the bail order
- Whether the petitioners have fully disclosed their criminal antecedents
Legislation cited
- B.N.S. — s. 115(2), 118(1), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- bail
- anticipatory bail
- criminal antecedents
- Section 482
- B.N.S.
- Rosera case
- injury report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16371 of 2026
Arising Out of PS. Case No.-352 Year-2025 Thana- ROSERA District- Samastipur
======================================================
1. Abhimanu Kumar Jha Son of Chandra Shekhar Jha Resident of Village -
Nandenagar, Balha Ward No. 13, P.S. - Rosera, Dist. - Samastipur.
2. Chandra Shekhar Jha Son of Kapleshwar Jha Resident of Village -
Nandenagar, Balha Ward No. 13, P.S. - Rosera, Dist. - Samastipur.
3. Vibha Devi Wife of Chandra Shekhar Jha Resident of Village - Nandenagar,
Balha Ward No. 13, P.S. - Rosera, Dist. - Samastipur.
4. Prem Lata @ Ganga Devi D/o Chandra Shekhar Jha Resident of Village -
Nandenagar, Balha Ward No. 13, P.S. - Rosera, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raja Ram Mishra, Advocate
For the State : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with Rosera
P.S. Case No. 352 of 2025 dated 19.10.2025, registered for the
offences punishable under Sections 126(2), 115(2), 118(1), 74,
352, 351(2) and 3(5) of B.N.S., 2023.
3. As per allegation, there is assault by khanti and iron
rod by the petitioners/Abhimanyu Kumar Jha and Chandra
Shekhar Jha.
Patna High Court CR. MISC. No.16371 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that there is no allegation of any overt
act against the lady petitioners and even as per the injury report,
the alleged injury is simple in nature.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioner Nos. 1, 3 and 4 have no criminal
antecedents, whereas petitioner No.2 has one criminal
antecedent.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Concerned Court below, in connection
Patna High Court CR. MISC. No.16371 of 2026(2) dt.25-03-2026
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with Rosera P.S. Case No. 352 of 2025, subject to the conditions
as laid down under Section 482 (2) B.N.S.S., 2023 and on the
following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents other
than the disclosed one, learned court below shall cancel the bail
bonds of the petitioners after hearing them and getting satisfied
that the petitioners have concealed their criminal antecedents
despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
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