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Patna High Court

Narendra Kumar Jha @ Narayan JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

When the investigating police, after a thorough investigation, exonerate the accused, the court may grant anticipatory bail notwithstanding a magistrate’s cognizance order.

Summary

The petitioner, Narendra Kumar Jha, sought anticipatory bail fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita for alleged robbery and assault. He claimed a clean record and asserted that the informant falsely implicated him, stating that the police investigation concluded he was innocent and issued a final exoneration report on 9-11-2025. Despite this, the learned magistrate took cognizance of the FIR on 28-11-2025 and proceeded against the petitioner. The petitioner’s counsel argued that it would be unjust to incarcerate him when the investigating agency had cleared him, and prayed for anticipatory bail under Section 482(2) of the BNSS. The State opposed the bail. Justice Satyavrat Verma, after considering the submissions, ordered that the petitioner be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions.

Issues considered

  • Whether anticipatory bail can be granted when the investigating police have exonerated the accused but a magistrate has taken cognizance of the FIR.
  • Whether the petitioner is liable under the alleged offences under the Bharatiya Nyaya Sanhita.
  • Whether the court can override the magistrate’s order in light of the police exoneration.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • police exoneration
  • cognizance order
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3510 of 2026
                    Arising Out of PS. Case No.-65 Year-2025 Thana- MADHEPUR District- Madhubani
                 ======================================================
                 Narendra Kumar Jha @ Narayan Jha Son of Late Baidyanath Jha @ Late Baij
                 Nath Jha @ Late Baijnath Jha Resident of Village- Bhakhrain, P.S.- Mdhepur,
                 District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Jitendra Kumar Bharti
                 For the Opposite Party/s :      Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita.

                             3.    Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 18-4-2025 at 8:45 pm, he was intercepted by the

                   accused persons including the petitioner and on orders of

                   petitioner, accused Gangesh fired but missed, thereafter he

                   assaulted the informant by butt of pistol causing injury on head

                   and Ritesh assaulted him by bamboo causing injury on head and
Patna High Court CR. MISC. No.3510 of 2026(2) dt.28-04-2026
                                            2/3




          Gangesh snatched his chain, mobile and Rs. 4,500/-.

                   4.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant.       It is next submitted that from perusal of the

          allegations as alleged in the FIR, it would manifest that

          petitioner has been implicated by the informant with an

          allegation that based on his orders, the occurrence of assault was

          committed by Gangesh. It is next submitted that police after

          threadbare investigation came to a considered conclusion that

          petitioner is innocent thus submitted final form dated 9-11-2025

          exonerating the petitioner of the allegation, but then learned

          Magistrate differing with the police report, took cognizance by

          an order dated 28-11-2025. The learned counsel for the

          petitioner next submits that when one investigating agency after

          threadbare investigation came to a considered conclusion that

          petitioner is innocent, whether it would be prudent for the court

          to send the petitioner to jail based on an order of cognizance

          which came to be taken based on the same police report which

          exonerated the petitioner of the allegation.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     Considering the submissions made by the learned
              Patna High Court CR. MISC. No.3510 of 2026(2) dt.28-04-2026
                                                          3/3




                        counsel for the petitioner, the petitioner above-named, in the

                        event of his arrest or surrender within a period of six weeks

                        from today, be released on anticipatory bail on furnishing bail

                        bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties

                        of the like amount each to the satisfaction of the learned trial

                        court where the case is pending/successor court in connection

                        with Madhepur P.S. Case No. 62 of 2025 subject to the

                        conditions as laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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