Created by Fuzzy Cloud

Patna High Court

Pankaj JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail and the application is allowed.

Summary

The petitioner, Pankaj Jha, was arrested in connection with offences under several sections of the B.N.S. and the Arms Act, alleged to have assaulted a victim with a kulhari (axe) though no injury was found. He applied for regular bail, claiming innocence and asserting that he had been falsely implicated, while acknowledging two prior criminal antecedents for which he was already on bail. The prosecution opposed the bail application, arguing the seriousness of the charges. The Court examined the facts, the nature of the alleged assault, and the petitioner’s willingness to cooperate with the trial. Considering the circumstances, the Court held that the petitioner was entitled to bail. Consequently, the Court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail for the offences alleged under the B.N.S. and the Arms Act.

Legislation cited

  • Arms Act — s. 25(1-B)(a), 35, 37
  • B.N.S. — s. 109(1), 115(2), 118(2), 126(2), 3(5)

Subjects

  • regular bail
  • criminal procedure
  • assault
  • Arms Act
  • B.N.S.
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37509 of 2026
                     Arising Out of PS. Case No.-137 Year-2025 Thana- DANDARI District- Begusarai
                 ======================================================
                 Pankaj Jha son of Ram Sagar Jha Resident of village- Tetari @ Tetri Ward No
                 14 Ps- Dandari District -Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sabal Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Satyendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-06-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks regular bail in the present case

                   registered for the offences punishable under Sections 115(2),

                   126(2), 109(1), 118(2), 3(5) of the B.N.S. and Sections 25(1-B)

                   (a), 35 and 37 of the Arms Act.

                                3. As per the prosecution case, petitioner is said to

                   have assaulted the victim with a kulhari (axe) and no injury

                   from kulhari (axe) has been found.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that petitioner has

                   two criminal antecedents in which he is on bail and he is in

                   custody since 09.02.2026. The petitioner undertakes to co-
              Patna High Court CR. MISC. No.37509 of 2026(2) dt.30-06-2026
                                                          2/2




                        operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the facts and circumstances of the

                        case, this application for regular bail is allowed.

                                     7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned J.M.F.C. at Begusarai /concerned

                        Court below in connection with Dandari P.S. Case No. 137 of

                        2025.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.