Patna High Court
Tripurari Jha @ Babloo @ Tripurari Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Tripurari Jha, applied for anticipatory bail after an FIR was lodged under Sections 118(2), 324(2), 109 and 3(5) of the Bharatiya Nyaya Sanhita relating to a theft and shooting incident at a grocery shop on 6 March 2025, which resulted in injuries to two persons. The petitioner contended that he was not named in the FIR and that his name only emerged during investigation, asserting his innocence. The State opposed the bail, highlighting the seriousness of the offences, the fact that two individuals sustained bullet injuries, and the petitioner’s prior criminal antecedent of a similar nature. After hearing both sides, the Court considered the nature of the accusations and the petitioner’s criminal history. Consequently, the Court refused the petitioner's request for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita given the alleged offences and his prior criminal antecedent.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 118(2), 324(2), 3(5)
Subjects
- anticipatory bail
- criminal antecedent
- Theft
- Shooting
- Bharatiya Nyaya Sanhita
- High Court
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4301 of 2026
Arising Out of PS. Case No.-36 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Tripurari Jha @ Babloo @ Tripurari Kumar Jha S/O Late Shivnath Jha @
Bipin Jha Resident of Village- Pipraulia, P.S.- Ashok Paper Mill, Dist.-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Dr. Mrityunjaya Kr. Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Ashok Paper Mill
(APM) P. S. Case No. 36 of 2025 registered for the offences
punishable under Sections 118(2), 324(2), 109, 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., on 6.3.2025 at about 2 AM, 8-10
unknown miscreants committed theft in the grocery shop of
informant and opened fire as a result of which, son and driver of
the informant sustained firearms injury. It is further alleged that
the accused persons also tried to commit theft in two other
shops adjacent to the shop of informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
Patna High Court CR. MISC. No.4301 of 2026(3) dt.06-04-2026
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is not named in the F.I.R. and his name transpired during course
of investigation.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that petitioner has got one
criminal antecedent of similar nature and in this case, two
persons sustained bullet injuries.
6. Considering the nature of accusation and criminal
antecedent, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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