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Patna High Court

Keshav Jha @ Keshav Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioners subject to a bond of Rs. 10,000, two sureties and specified conditions.

Summary

Petitioners Keshav Jha and Mukesh Jha were arrested on 21 January 2026 in connection with FIR No. 413 of 2025 alleging assault on an informant and theft of a gold chain worth Rs. 2,50,000, punishable under several sections of the Bharatiya Nyay Sanhita, 2023. The petitioners contended that the FIR was fabricated, that they were falsely implicated, and that the allegations were vague and omnibus. The prosecution opposed bail, highlighting a prior criminal antecedent of the petitioners. The court examined the nature of the allegations, the seriousness of the offences, and the petitioners' claim of innocence, and decided to grant bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The order also empowered the trial court to cancel bail if conditions are breached.

Issues considered

  • Whether bail should be granted to the petitioners despite the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023 and a prior criminal antecedent.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • theft
  • false FIR
  • Bharatiya Nyay Sanhita
  • prior criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29756 of 2026
                      Arising Out of PS. Case No.-413 Year-2025 Thana- BIRAUL District- Darbhanga
                 ======================================================
           1.     Keshav Jha @ Keshav Kumar Jha S/o Late Shyam Jha Resident of Village -
                  Itwa, Shivnagar, Police Station - Biraul, District - Darbhanga
           2.    Mukesh Jha @ Mukesh Kumar Jha S/o Late Shyam Jha Resident of Village -
                 Itwa, Shivnagar, Police Station - Biraul, District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Durga Nand Jha, Advocate
                 For the Opposite Party/s :       Mr. Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   05-05-2026                      Heard Mr. Durga Nand Jha, learned counsel for the

                   petitioners as well as Mr. Satyendra Prasad, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioners seeks bail who is in custody since

                   21.01.2026 in connection with Biraul P.S. Case No. 413 of

                   2025, F.I.R. dated 18.10.2025 for the offences punishable under

                   Sections 329(3), 126(2), 115(2), 303(2), 352, 351(2) and 3(5) of

                   the Bharatiya Nyay Sanhita, 2023.

                               3.     Allegation against the petitioners is that they

                   assaulted the informant and snatched his golden chain worth

                   of Rs. 2,50,000/-.

                               4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.29756 of 2026(2) dt.05-05-2026
                                            2/3




          petitioners are innocent and they falsely been implicated in the

          present case. He further submits that the allegation as alleged in

          the F.I.R. is false and fabricated and the petitioners have not

          committed any offences as alleged in the F.I.R. Initially the

          mother of the petitioners had filed a case against the informant

          and thereafter the informant has filed the present false case

          against the petitioners. He further submits that, upon a bare

          perusal of the FIR, it is evident that there are no specific

          allegations of assault or any overt act attributed to the

          petitioners. Rather, the allegations against them are general and

          omnibus in nature, with the remaining portions of the FIR

          containing merely ornamental assertions. The police after

          investigation submitted charge-sheet and the petitioners are in

          custody since 21.01.2026.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioners and

          submits that petitioners have one criminal antecedent other than

          the present one.

                       6. Considering the aforesaid facts and circumstances,

          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
            Patna High Court CR. MISC. No.29756 of 2026(2) dt.05-05-2026
                                                        3/3




                      A.C.J.M., Biraul in connection with Biraul P.S. Case No. 413 of

                      2025, 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

                      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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