Patna High Court
Satyendra @ Shatindra Jha @ Satindra Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioners failed to show a reasonable apprehension of arrest and the application was filed after an unexplained, extensive delay.
Summary
The petitioners, three brothers named Satyendra, Baban and Doman Jha, filed a second anticipatory bail application in a criminal case registered in 2017. Their earlier application for anticipatory bail had been dismissed in 2019 for non‑compliance with a court order. The present application was filed in 2026, more than nine years after the complaint and seven years after the earlier dismissal, with no explanation for the delay or any specific apprehension of arrest. The court observed that the delay was grossly unexplained and that the petitioners did not demonstrate a reasonable fear of being arrested. Consequently, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the application is filed after an unexplained, prolonged delay.
- Whether the petitioners have a reasonable apprehension of arrest justifying anticipatory bail.
Subjects
- anticipatory bail
- delay
- pre‑arrest bail
- Criminal Procedure Code
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2780 of 2026
Arising Out of PS. Case No.-1102 Year-2017 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
1. Satyendra @ Shatindra Jha @ Satindra Kumar Jha Son of Late Shashi Kant
Jha Resident of village- Sanha, (West), P.S- Sahebpur Kamal, Dist-
Begusarai
2. Baban Jha @ Baban Kumar Jha son of Late Shashi Kant Jha Resident of
village- Sanha, (West), P.S- Sahebpur Kamal, Dist- Begusarai
3. Doman Jha @ Daman Jha @ Daman Kumar Jha son of Late Shashi Kant Jha
Resident of village- Sanha, (West), P.S- Sahebpur Kamal, Dist- Begusarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Mahendra Kumar Jha son of Late Devkant Jha Resident of village- Sanha,
(Pashcim),Ward no. 12, P.S- Sahebpur Kamal, Sub-Division- Balia Dist-
Begusarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Ms. Sudha Ambastha, Advocate
For the State : Mr. Umeshanand Pandit, APP
For the Complainant : Mr. Shubhesh Pandey, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 06-04-2026 Heard Ms. Sudha Ambastha, learned counsel for the
petitioners, Mr. Umeshanand Pandit, learned A.P.P. for the State
and Mr. Shubhesh Pandey, learned counsel for the
complainant/Opposite Party No. 2.
2. This is second anticipatory bail application on
behalf of the petitioners. Earlier, the prayer for grant of
anticipatory bail to the petitioners was dismissed due to non-
compliance of the order dated 09.04.2019 passed in Cr. Misc.
Patna High Court CR. MISC. No.2780 of 2026(4) dt.06-04-2026
2/2
No. 22380 of 2019.
3. Petitioners seek anticipatory bail in a case which
was registered in the year 2017. There is no plausible
explanation as to why petitioners moved this Court for grant of
pre-arrest bail after lapse of more than 9 years of filing of the
complaint petition or after lapse of more than 7 years of
dismissal of their earlier prayer for grant of pre-arrest bail. The
present application is highly belated and it appears that the
petitioners have got no reasonable apprehension of their arrest
in the case.
4. Considering the gross unexplained delay in moving
this pre-arrest bail application, prayer for grant of anticipatory
bail to the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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