Patna High Court
Keshav Jha @ Keshav Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bharatiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 303(2), 329(3), 3(5), 351(2), 352
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
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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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