Patna High Court
Ram Mohan Jha @ Rammohan JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court declined to grant anticipatory bail and ordered the petitioner to surrender to the trial court.
Summary
The petitioner, Ram Mohan Jha, filed an anticipatory bail application fearing arrest in a case (Rosera P.S. Case No. 59 of 2025) alleging his involvement in multiple assaults under sections 126(2), 115(2), 117(2), 109, 352, 74 and 3(5) of the Indian Penal Code. The prosecution alleged that on 19 February 2025 the petitioner, along with co‑accused, assaulted Subhash Chandra Jha with an iron rod, causing grievous injuries, and that the petitioner has two prior criminal cases. The petitioner claimed innocence, asserted that the incident was a mutual fight in which he also sustained injuries, and pointed out that other co‑accused had been granted bail. The State opposed bail, emphasizing the direct allegation of a serious assault and the petitioner’s criminal antecedents. After considering the FIR, the seriousness of the alleged offences, and the petitioner’s prior record, the court refused anticipatory bail, directing the petitioner to surrender to the trial court within four weeks for a merits‑based bail decision.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences and his criminal antecedents.
- Whether the presence of direct allegations of grievous assault justifies denial of bail.
- Whether the petitioner’s claim of being falsely implicated and having sustained injuries affects the bail decision.
Legislation cited
- Indian Penal Code — s. 109, 115(2), 117(2), 126(2), 3(5), 352, 74
Subjects
- anticipatory bail
- Section 438 CrPC
- assault
- grievous hurt
- criminal antecedent
- bail denial
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2716 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- ROSERA District- Samastipur
======================================================
Ram Mohan Jha @ Rammohan Jha S/O Shankar Jha R/O Village-
Nandenagar Balha, P.S- Rosera, Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madhav Kumar, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
For the Informant : Mr. Raja Ram Mishra, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Rosera P.S. Case No. 59 of 2025 instituted for
the offence under Sections 126(2), 115(2), 117(2), 109, 352, 74
and 3(5) of the BNS.
3. The case of the prosecution, in short, is that on
19.02.2025 at 07:30 P.M., the informant was returning from
Bhola baba temple. It is alleged that the informant was assaulted
by co-accused persons. It is further alleged that the petitioner
and Karan Jha have assaulted one Subhash Chandra Jha. It is
further alleged that the petitioner and Karan Jha assaulted
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Subhash Chandra Jha with iron rod on his head. It is further
alleged that Karan Kumar assaulted Subhash Chandra Jha with
lathi & danda on nose, forehead & below the lips. It is further
alleged that upon hulla villagers assembled and then the injured
persons along with the informant were taken to Sadar Hospital,
Samastipur.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Learned counsel for the petitioner has further submitted
that there was free fight between both the parties and the present
petitioner also sustained injury. Learned counsel for the
petitioner has further submitted that co-accused persons have
been granted bail by learned Co-ordinate Benches vide Cr. Misc
Nos. 52599 of 2025, 65343 of 2025 and 88909 of 2025.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner and has submitted
that the petitioner is having direct allegation of assaulting
Subhash Chandra Jha on his head and the injuries are grievous.
It has further been submitted that petitioner is having criminal
antecedent of two cases.
6. From perusal of the FIR it is clear that there is
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direct allegation against the petitioner of assaulting Subhash
Chandra Jha and he has received grievous injury. Moreover, the
petitioner is having criminal antecedent of two cases.
7. Considering the above facts and circumstances of
the case, I am not inclined to grant bail to the petitioner. He is
directed to surrender in the learned trial court within four weeks
and the trial court shall dispose of his bail on merits without
being prejudice with above observations.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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