Patna High Court
Sanjeev Kumar Jha @ Sanjiv JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner, holding that the lack of specific attribution of an overt act, his clean antecedent, and the period of custody warranted release on bail.
Summary
The petitioner, Sanjeev Kumar Jha, was arrested in connection with a violent land‑dispute incident that resulted in the death of the informant’s son. The prosecution alleged that the petitioner, among fourteen accused, assaulted the victim with various weapons, leading to fatal injuries. The petitioner argued that the FIR only made a general allegation against him without specifying any overt act, that he had a clean antecedent, and that a co‑accused had already been granted bail. The State opposed bail, citing the seriousness of the charges under Sections 191(2), 190, 103(1), 115(2) and 118(1) of the B.N.S., 2023. Considering the nature of the accusation, the length of custody, and the petitioner’s clean record, the Court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the appropriate court in Darbhanga.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged
- Whether the general and omnibus nature of the assault allegation against the petitioner precludes bail
Legislation cited
- B.N.S., 2023 — s. 103(1), 115(2), 118(1), 190, 191(2)
Subjects
- bail
- criminal procedure
- assault
- homicide
- clean antecedent
- section 191
- section 190
- section 103
- section 115
- section 118
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4627 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- BAHERI District- Darbhanga
======================================================
Sanjeev Kumar Jha @ Sanjiv Jha S/O Parmanand Jha R/O Village- Susari,
Hanuman Mandir, P.S- Baheri, Distt.- Darbhanga.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mrs.Vaishnavi Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, A.P.P.
Mr. Shubham Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-02-2026 Heard learned counsel for the parties.
2. The petitioner seeks bail in a case registered for
offence under Sections 191(2), 190, 103(1), 115(2), 118(1) of
the B.N.S., 2023.
3. The prosecution case, in brief, is that on 14.07.2025
at about 10 AM, scuffle took place between the parties owing to
land dispute and construction of boundary wall, in which, it is
alleged that all the named accused persons, including this
petitioner, assaulted the son of informant with spade, khanti,
lathi and tengari and while being taken to hospital, the injured
(son of informant) succumbed to injuries.
4. Learned counsel for the petitioner submits that as
per F.I.R., 14 named accused, including petitioner, assaulted son
of informant with spade, khanti, lathi and tengari. In the post-
mortem, altogether 8 injuries were found on the person of
deceased. Allegation of assault is general and omnibus and no
specific overt act has been attributed to this petitioner. Similarly
situated co-accused has already been allowed bail by this Court
vide order passed in Cr.Mis.No. 3436/2026. Petitioner is in
custody since 08.10.2025 and claims clean antecedent.
Chargesheet has been submitted.
5. Learned A.P.P. for the State and the informant
Patna High Court CR. MISC. No.4627 of 2026(2) dt.16-02-2026
2/2
oppose the prayer for bail.
6. Considering the nature of accusation, period of
custody and clean antecedent, let the above named petitioner be
released on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned A.C.J.M.- VII, Darbhanga at Laheriasarai
/ concerned Court in connection with Baheri P.S. Case No. 299
of 2025.
(Prabhat Kumar Singh, J)
Shashi
U T
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