Patna High Court
Dheeraj Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties, subject to Section 482(2) conditions.
Summary
The petitioner, Dheeraj Kumar Jha, was named in an FIR for assaulting an informant and his co‑accused under several sections of the Bihar Negotiable Statutes (BNS). The informant alleged that the assault was in retaliation for a viral video concerning his second wife, and the victim was allegedly released after paying a ransom. The petitioner sought bail, arguing that a co‑accused had already been granted bail and that the injuries were simple, while asserting his clean antecedents. The State opposed bail, contending the allegations were serious. The court observed that the allegations were prima facie general and the injuries were minor, and, applying the principle of judicial parity, directed that the petitioner be released on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the BNS. The bail order was issued pending further trial in the lower court.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the charges under Sections 127(2), 115(2), 118(1), 352, 351(2) and 3(5) of the BNS.
- Whether the grant of bail to a co‑accused creates a right to bail for the petitioner on the basis of judicial parity.
- Whether the nature and extent of the alleged injuries justify the grant of bail.
Legislation cited
- Bihar Negotiable Statutes — s. 115(2), 118(1), 127(2), 3(5), 351(2), 352, 482(2)
Subjects
- bail
- assault
- criminal procedure
- Section 482
- judicial parity
- simple injury
- Bihar Negotiable Statutes
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40104 of 2026
Arising Out of PS. Case No.-222 Year-2025 Thana- WARISNAGAR District- Samastipur
======================================================
Dheeraj Kumar Jha Son of Sri Krishna Nand Jha R/o Village- Dhulakh, P.S.-
Warisnagar, District- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kr. Thakur, Adv
: Mr. Shivam, Adv
: Mr. Purushottam Kumar, Adv
: Ms. Shushmita Mishra, Adv
For the Opposite Party/s : Mr. Pushpa Sinha, Adv
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Warisnagar P.S.
Case No. 222 of 2025 registered for the offences punishable
under Sections 127(2), 115(2), 118(1), 352, 351(2) and
3(5) of the BNS.
3. As per FIR, informant was assaulted by
petitioner and other co-accused person for the reasons as he
alleged to made objectionable video viral regarding second
wife of the informant and when informant shows her
ignorance, he was forcibly taken to the house of one Md.
Chunne @ Netaji and was brutally assaulted there with pistol
Patna High Court CR. MISC. No.40104 of 2026(2) dt.22-06-2026
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and lathi and was confined there and when alarm was raised
in the village upon which his father came into the search of
his son/informant and after paying Rs. 1 lakh and signing
plain papers before accused person got released him.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that thrust of allegation is available
against co-accused Dr. Manir Alam, who has already granted
bail by one of the learned Co-ordinate Bench of this Court
through Cr. Misc. No. 34790/2026 dated 20.05.2026 and,
therefore, as a matter of judicial parity this petitioner also
deserves bail. It is submitted that nature of injury upon
medical examination found simple in nature. While
concluding argument, it is submitted that above named
petitioner is a man of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation of assault prima-facie
appearing very much general and omnibus in nature, qua
petitioner, coupled with the fact as nature of injury appears
simple, accordingly petitioner above-named, in the event of
Patna High Court CR. MISC. No.40104 of 2026(2) dt.22-06-2026
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his arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail, furnishing
bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
learned JM 1st Class, Samastipur/concerned Court, where the
case is pending in connection with Warisnagar P.S. Case No.
222 of 2025 , subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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