Patna High Court
Chandreshwar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 109(1), 115(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 324(4), 329(3), 351(2), 352
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
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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
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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
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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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