Patna High Court
Satish Kumar Jha @ Satish Kumar @ Satish JhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
Bail was granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners applied for bail in a complaint case (No. 862 of 2024) involving alleged offences under multiple sections of the Bharatiya Nyaya Sanhita, including assault, criminal intimidation, and damage to property. The allegations stem from a land dispute where petitioner No. 3 allegedly sold land containing about 50 sesame trees and the other petitioners were said to have uprooted the trees, assaulted the complainant, and stolen a gold ring. The petitioners contended that they were falsely implicated due to village politics and that no specific overt act was proved against them, while the State and the complainant opposed bail. The court examined the nature of the allegations, the petitioners' criminal records, and the pending title suit, and found no compelling reason to deny bail. Accordingly, the court ordered the release of the petitioners on bail with a bond of Rs.10,000 and two sureties each, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether the allegations constitute sufficient ground for arrest and denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 303(3), 318(4), 336(3), 338, 340(2), 3(5), 352, 353
Subjects
- bail
- criminal law
- land dispute
- assault
- property damage
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3965 of 2026
Arising Out of PS. Case No.-862 Year-2024 Thana- COMPLAINT CASE - ROSERA
District- Samastipur
======================================================
1. Satish Kumar Jha @ Satish Kumar @ Satish Jha S/O Late Chandrakant Jha
R/O vill. - Kalyanpur, P.s.- Bibhutipur, Dist.- Samastipur
2. Ankit Kumar S/O Satish Kumar Jha @ Satish Kumar @ Satish Jha R/O vill.
- Kalyanpur, P.s.- Bibhutipur, Dist.- Samastipur
3. Indresh Kumar Jha S/O Late Parmanand Jha R/O Vill.- Bajitpur Goda, P.S.-
Dalsinghsarai, Dist.- Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vivek Vimal S/O Late Yugal Kishor Choudhary R/O Vill. and P.O.- Kewta,
Dalsinghsarai, Dist.- Samastipur.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lovekush Kumar, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
For the O.P. No. 2 : Mr. Sada Nand Roy, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the O.P. No. 2.
2. The petitioners apprehend their arrest in a case
registered under Sections 318(4), 338, 336(3), 340(2), 303(3),
109, 352, 353 and 3(5) of Bharatiya Nyaya Sanhita.
3. It is alleged that petitioner no. 3 illegally sold the
land of the complainant/O.P. No. 2 to co-accused Kiran Kumari
and Manoj Kumar, in which about 50 Sesam trees were
standing. It is further alleged that petitioner nos. 1 & 2 along
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with 5-6 other unknown persons got uprooted the said trees.
When complainant protested, petitioner no. 1 started abusing
and assaulting him with fists and slaps and petitioner no. 2
snatched his gold ring.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have falsely been implicated in the
present case due to village politics. Further submission is that
the no specific overt act is alleged against the petitioners. The
complainant and petitioner no. 3 are Mausera brothers who have
inherited the property from their Nani and there is dispute
between them with respect to the said property. The complainant
has also filed a Title Suit No. 540 of 2024 which is pending in
the Court of Sub-Judge-I, Rosera. Petitioner no. 1 has two
criminal antecedents in which he is on bail. Petitioner nos. 2 & 3
have no criminal antecedent. They undertake to cooperate in the
investigation and trial.
5. Learned A.P.P. appearing on behalf of the State
and learned counsel for the O.P. No. 2 opposed the bail
application.
6. Having considered the facts and circumstances
of the case, submissions of learned counsel for the parties and
nature of allegation, let the above named petitioners be released
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on bail, in the event of arrest or surrender before the learned
court below within a period of six weeks from today, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of learned Sub-Divisional Judicial Magistrate, Rosera,
Samastipur in connection with Complaint Case No. 862 of
2024, subject to the conditions as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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