Patna High Court
Ayush Kumar Jha @ Ayush Kumar @ Ayush JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is not granted to the petitioners.
Summary
Ayush Kumar Jha and Aditya Kumar were named in an FIR for allegedly attacking an informant with a sword and a fursa, causing a forehead wound that required stitches. The FIR, registered as Mahnar P.S. Case No. 379 of 2025, charges them under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the Bihar Negotiable Substances Act, 2023. The petitioners sought anticipatory bail, claiming innocence, lack of specific allegations in the FIR, and citing their pending cases on bail as a mitigating factor. The State opposed the bail, emphasizing the seriousness of the injury, the use of a sharp weapon, and the petitioners' prior criminal records. The High Court, after hearing both sides, declined to grant anticipatory bail, directing the trial court to consider a regular bail application should the petitioners surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions of the BNS, 2023.
- Whether the nature of the injury and the petitioners' antecedent criminal records preclude the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5)
Subjects
- anticipatory bail
- assault
- sharp weapon injury
- criminal antecedent
- bail application
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20352 of 2026
Arising Out of PS. Case No.-379 Year-2025 Thana- MAHNAR District- Vaishali
======================================================
1. Ayush Kumar Jha @ Ayush Kumar @ Ayush Jha S/o Late Munna Jha @
Ratnesh Kumar Jha Resident of Village- Shukkar Pethiya Mahnar
Kharjamma, Ward No 03, Police Station- Mahnar, District- Vaishali
2. Aditya Kumar @ Muskan Kumar Singh S/o Pintu Singh Resident of Village-
Shukkar Pethiya Mahnar Kharjamma, Ward No 03, Police Station- Mahnar,
District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-05-2026 Heard learned Counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending arrest in a case
registered for the offences punishable in connection with
Mahnar P.S. Case No.379 of 2025 under Sections 126(2),
115(2), 118(1), 109 and 3(5) of the BNS, 2023, which is
pending before the court of CJM, Vaishali at Hajipur.
3. As per the prosecution, the FIR has been lodged
against six named accused persons including the petitioners with
allegation that the accused persons in connivance with each
other attacked by sword and fursa on the informant due to which
injury sustained and 10 stitches have been made on the head of
the informant.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.20352 of 2026(3) dt.07-05-2026
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petitioners are innocent and have committed no offence. He
submits that the only negative aspect with the petitioners is that
their antecedent are not clean. There are three more cases
pending against the petitioners in which they are on bail. He
further submits that there is no specific allegation rather general
and omnibus allegation made in the FIR.
5. Counsel also submits that case diary has been
called for. In the case diary, injury is simple in nature.
6. Learned APP for the State opposes the prayer for
bail and the case diary indicates that injury has been caused by
sharp weapon, which caused 5cm ×0.5 cm wound on the
forehead. He further submits that the petitioners’ antecedent are
not clean.
7. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioners,
therefore the bail application of the petitioners is hereby
rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioners, if they surrender and
pray for regular bail, then trial court shall pass order on merit,
without being prejudice of the present order.
(Dr. Anshuman, J)
Prakashmani/-
U T
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