Patna High Court
Hare Ram JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to all five petitioners, subject to a bail bond and sureties.
Summary
The petitioners, five members of the Jha family from Kalikapur, applied for anticipatory bail fearing arrest in a murder case (Kaluahi P.S. Case No. 122 of 2025) registered under section 103(1) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the informant's sister was poisoned by a person named Kamal Jha and his wife Beena Devi, and that the petitioners were implicated in the FIR. The petitioners contended that they were falsely implicated, that the accused named in the FIR were not them, and they offered to cooperate with the investigation. The State opposed the bail application. After hearing both sides, the Court held that the allegations against the petitioners were not substantiated and granted anticipatory bail to all five petitioners, subject to a bail bond of Rs.10,000 and two sureties of the same amount each, to be surrendered within four weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioners who are alleged to be falsely implicated in the murder case.
- Whether the FIR allegations against the petitioners under section 103(1) of the Bharatiya Nyaya Sanhita, 2023, are sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1)
Subjects
- anticipatory bail
- false implication
- poisoning
- inheritance dispute
- Bharatiya Nyaya Sanhita
- section 103(1)
- bail bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3698 of 2026
Arising Out of PS. Case No.-122 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
1. Hare Ram Jha Son of Late Ghuran Jha Resident of Village- Kalikapur, P.S.-
Kaluahi, District - Madhubani
2. Lalit Kumar Jha Son of Chandra Kant Jha Resident of Village- Kalikapur,
P.S.-Kaluahi, District - Madhubani
3. Chandra Kant Jha Son of Late Ghuran Jha Resident of Village- Kalikapur,
P.S.-Kaluahi, District - Madhubani
4. Mahi Kant Jha @ Mohikant Jha Son of Late Ghuran Jha Resident of Village-
Kalikapur, P.S.-Kaluahi, District - Madhubani
5. Rajeev Kumar Jha @ Raju Jha @ Raju Kumar Jha Son of Chandra Kant Jha.
Resident of Village- Kalikapur, P.S.-Kaluahi, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar Jha, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Kaluahi P.S. Case no. 122 of 2025 registered under section
103(1) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that after the death of the husband of the sister of the informant
followed by her father-in-law, the accused persons who are the
Patna High Court CR. MISC. No.3698 of 2026(2) dt.28-01-2026
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brother-in-laws and nephews denied to give any share in the
ancestral property to the informant’s sister who was issueless.
She was finally done to death by poisoning by Kamal Jha and
his wife Beena Devi.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. The
allegations levelled in the FIR are false and concocted. Kamal
Jha and his wife Beena Devi are not the petitioners herein. The
petitioners undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R. and the specific allegation of poisoning of the
informant’s sister being on Kamal Jha and his wife Beena Devi
who are not the petitioners herein, in the facts of the case, it is
directed that all the five petitioners above named, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks, be released on anticipatory bail in
connection with Kaluahi P.S. Case no. 122 of 2025 on each of
them furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.3698 of 2026(2) dt.28-01-2026
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satisfaction of the learned Judicial Magistrate 1st Class,
Madhubani.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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