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Patna High Court

Chandreshwar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to the conditions specified by the Court.

Summary

The petitioners – Chandreshwar Jha, Sarwesh Jha and Sushila Devi – were charged under multiple sections of the Bharatiya Nyay Sanhita, 2023 for an alleged assault on 4 January 2026 in which they were said to have attacked persons with a sword and trident. The prosecution alleged that the accused, along with others, injured two victims and the informant’s family. The petitioners contended that they were falsely implicated, that the FIR contains only a generic allegation against all accused and that there is no specific charge of assault against them. They also argued that the dispute was a private family feud and that they had no intention to kill. The State opposed bail, citing the seriousness of the offences and a prior criminal antecedent. The Court, noting the lack of specific allegation against the petitioners, granted bail on a bond of Rs 10,000 with two sureties and imposed conditions of cooperation, non‑tampering with evidence and verification of antecedents. The bail order was subject to cancellation if conditions were breached.

Issues considered

  • Whether bail should be granted when the FIR contains only a generic allegation and no specific charge of assault against the petitioners
  • Whether the existence of a prior criminal antecedent justifies denial of bail
  • Whether the conditions imposed on bail are appropriate under the Bharatiya Nyay Sanhita

Legislation cited

Subjects

  • bail
  • assault
  • Bharatiya Nyay Sanhita
  • generic FIR
  • criminal antecedent
  • conditions of bail
  • Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24223 of 2026
                       Arising Out of PS. Case No.-6 Year-2026 Thana- FORBESGANJ District- Araria
                 ======================================================
           1.     Chandreshwar Jha S/O Tanuk Laal Jha R/O Village-Ramai, Ward no. 08, PS-
                  Forbesganj, Distt-Araria
           2.    Sarwesh Jha @ Sarwesh Kumar Jha @ Sarwesh Kumar S/O Chandreshwar
                 Jha R/O Village-Ramai, Ward no. 08, PS-Forbesganj, Distt-Araria
           3.    Sushila Devi W/O Chandreshwar Jha R/O Village-Ramai, Ward no. 08, PS-
                 Forbesganj, Distt-Araria

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                          ;        Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr. Dilip Kumar No. 1, APP
                 For the Informant        :        Mr. Majid Mahboob Khan, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   15-04-2026                     Heard Mr. N.K. Agrawal, learned senior counsel for

                   the petitioners, Mr. Majid Mahboob Khan, learned counsel

                   appearing on behalf of the informant as well as Mr. Dilip Kumar

                   No. 1, learned Additional Public Prosecutor for the State.

                                2. Petitioners seek bail in connection with Forbesganj

                   P.S. Case No. 06 of 2026, F.I.R. dated 04.01.2026 for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 329(3), 118(1), 109(1),324 (4), 303(2), 352, 351(2),

                   103(1) of the Bharatiya Nyay Sanhita, 2023.

                                3. According to prosecution case, on 04.01.2026 at

                   about 09.00 A.M, when the informant and his family members
Patna High Court CR. MISC. No.24223 of 2026(2) dt.15-04-2026
                                            2/4




          were at home, then the petitioners along with 8-10 others armed

          with weapons came and assaulted Dinesh Jha and Dhananjay

          with sword and a trident, causing them injury. It is further

          alleged that accused persons also assaulted the informant

          causing her injury.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they falsely been implicated in the

          present case. There is case and counter case between the parties

          and informant and petitioners are agnates to each other and due

          to previous dispute the present occurrence has taken place and

          there was no intention to kill anyone. Although the petitioners

          are named in the FIR but from bare perusal of the FIR it appears

          that there is no specific allegation of assault or overt act against

          them rather there is general and omnibus allegation against all

          the accused persons including the petitioners. The police after

          investigation submitted charge-sheet and the petitioner no.1 is in

          custody since 21.01.2026 and petitioner nos.2 and 3 are in

          custody since 13.01.2026.

                      5. The learned counsel appearing on behalf of the

          informant as well as learned Additional Public Prosecutor have

          vehemently opposed the prayer for bail of the petitioners and

          submit that petitioners were involved in the present crime in
Patna High Court CR. MISC. No.24223 of 2026(2) dt.15-04-2026
                                            3/4




          question and apart from that petitioners carries one criminal

          antecedent but fairly submits that the same was lodged by the

          informant side.

                       6. Considering the aforesaid facts and circumstances,

          there is no specific allegation of assault or overt against the

          petitioners, let the petitioners, above named, 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 the

          learned C.J.M., Araria in connection with Forbesganj P.S. Case

          No. 06 of 2026, subject to the following conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       ii. If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at

          any stage it is found that the petitioners have concealed their

          criminal antecedents, the court below shall take step for
            Patna High Court CR. MISC. No.24223 of 2026(2) dt.15-04-2026
                                                        4/4




                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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