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Patna High Court

Ayush Kumar Jha @ Ayush Kumar @ Ayush JhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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
                                                       2/2




                     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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