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Patna High Court

Shankar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                   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   √


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