Patna High Court
Shankar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Shankar Jha and his son Sonu Jha, were accused of assaulting a woman in a mango orchard and stealing her gold chain and nose pin, arising from a land dispute over a 5‑katha parcel sold to the informant's father. The FIR alleged offences under Sections 126(2), 115, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners applied for anticipatory bail, contending that the case stemmed from the land dispute and that they had cooperated with the investigation, invoking the privilege under Section 35(iii) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court, after considering the nature of the allegations and the parties' land‑related conflict, decided to grant anticipatory bail subject to conditions under Section 482(2) of the same Act. Accordingly, the petitioners were ordered to furnish a bail bond of Rs. 10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 35(iii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.
- Whether the land dispute context and cooperation with investigation justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(iii), 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 115, 126(2), 303(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 41-A
Subjects
- anticipatory bail
- land dispute
- assault
- theft
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 35(iii)
- Section 482(2)
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18922 of 2026
Arising Out of PS. Case No.-89 Year-2024 Thana- MADHEPUR District- Madhubani
======================================================
1. Shankar Jha S/O Late Tilkeshwar Jha R/O Vill.- Mahisham, P.S.- Madhepur,
Dist.- Madhubani.
2. Sonu Jha @ Deepak Kumar Jha S/O Shankar Jha R/O Vill.- Mahisham, P.S.-
Madhepur, Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Piyush Kumar Pandey
For the Opposite Party/s : Ms.Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Madhepur Police Station Case No. 89 of 2024, dated
10.07.2024, disclosing offences punishable under
Sections 126(2)/115/76/303(2)/352/351(2)/3(5) of the
Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 07.07.2024, at about 3 PM, while the informant
was in her mango orchard, the petitioners, who are the
owners of the orchard situated adjacent to the informant's
orchard, started plucking the mangoes from the orchard.
Patna High Court CR. MISC. No.18922 of 2026(2) dt.16-04-2026
2/3
On protest, the petitioners started abusing her, pulled her
by her hair and touched her body with bad intent. The
petitioners also snatched gold chain and nose pin of the
informant.
4. Learned Counsel for the petitioners submits that the
present First Information Report has been lodged due to
land dispute between the parties inasmuch as a portion of
the land, measuring 5 kathas was sold by the petitioner
no. 1 in favour of the informant’s father by way of
registered sale deed, retaining 1.5 kathas of land on which
the mango orchard of the petitioners is situated. The
occurrence has taken place on the issue of plucking
mangoes from the orchard of the petitioners. The police,
during investigation, granted privilege of Section 35 (iii)
of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section
41-A of the Code of Criminal Procedure, 1973) to the
petitioners.
5. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the nature of
allegation and the fact that there is land issue between the
parties and the petitioners were given the benefit of
Section 35 (iii) of the Bharatiya Nagarik Suraksha
Patna High Court CR. MISC. No.18922 of 2026(2) dt.16-04-2026
3/3
Sanhita, 2023 and they co-operated in the investigation, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Additional Chief Judicial Magistrate, Jhanjharpur,
Madhubani, in connection with Madhepur Police Station
Case No. 89 of 2024, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.