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Patna High Court

Pankaj Jha @ Vivekananda JhaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied the petitioner's application for bail.

Summary

The petitioner, Pankaj Jha, applied for regular bail in a case involving multiple serious offences under the Bihar Penal Code, including assault, arson, and homicide. The FIR alleges that he, along with several co‑accused, attacked members of the informant's family, set fire to the informant's house, and stole valuables, resulting in the death of Vasisth Narayan Jha. The petitioner argued that he has a clean antecedent and that the injury causing death was not inflicted by the weapon (farsa) he allegedly used. The State and the informant opposed bail, emphasizing the gravity of the offences, the commencement of trial, and the existence of a witness testimony. After considering the arguments, the court found the case not suitable for bail and rejected the petitioner's bail application.

Issues considered

  • Whether bail should be granted to the petitioner in view of the serious nature of the offences alleged, including homicide and arson.
  • Whether the discrepancy between the alleged weapon (farsa) and the nature of the injury affects the bail decision.
  • Whether the commencement of trial and examination of a witness preclude the grant of bail.

Subjects

  • bail
  • criminal procedure
  • assault
  • arson
  • homicide
  • theft
  • Bihar
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48203 of 2025
            Arising Out of PS. Case No.-535 Year-2024 Thana- MADHUBANI TOWN District- Madhubani
                 ======================================================
                 Pankaj Jha @ Vivekananda Jha S/O Bhup Narayan Jha R/O Village-
                 Laknanpatti, P.S- Town, District- Madhubani.
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Ajay Kumar Thakur, Advocate
                                                Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr. Sanjay Kumar Tiwary, A.P.P.
                 For the Informant        :     Mr. Baidyanath Thakur, Advocate
                                                Mr. Kaushik Deo, Advocate
                                                Ms. Katyayani Jha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   24-02-2026                   1. Heard Mr. Ajay Kumar Thakur, learned counsel for

                   the petitioner, learned A.P.P. for the State and learned counsel

                   appearing on behalf of the informant.

                                 2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 115(2), 117(2), 118(2), 109,

                   126(2), 191(2), 191(3), 190, 303(2) and 352 of the BNS and

                   subsequently Section 103 of the BNS was added.

                                 3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 23.11.2024, at 07:30 a.m., all the accused persons

                   including the petitioner came in the courtyard of the informant

                   variously armed and started abusing. On protest, on orders of

                   Bau Jha, accused petitioner assaulted the elder brother of the

                   informant Vasisth Narayan Jha by farsa causing injury on head.
Patna High Court CR. MISC. No.48203 of 2025(3) dt.24-02-2026
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          Thereafter, he fell when other accused assaulted him by lathi. It

          is next alleged that Chandan Jha assaulted the nephew of the

          informant Mukesh Jha by an iron rod causing injury on his

          temple. Further, Lalani Kant Jha assaulted Samir Jha by farsa

          and Kundan Jha and Nandan Jha also assaulted Samir Jha by an

          iron rod causing injury on his shoulder. It is next alleged that

          Lalani Kant Jha along with Vishnu Kant Jha caught the

          informant’s sister and Keval Jha assaulted her by an iron rod

          causing fracture of finger. Thereafter, on order of Bau Jha, Ram

          Nath Jha sprinkled kerosene oil on the house of the informant

          and Keval Jha set the house on fire. Thereafter, all the accused

          persons snatched gold chain of Mukesh Jha and Pan Devi and

          Rs.2,500/- from the pocket of Samir Jha.

                       4. Learned counsel appearing on behalf of the

          petitioner submits that petitioner is in custody since 22.04.2025.

          It is further submitted that from perusal of the allegation as

          alleged in the FIR, it would manifest that informant alleges that

          petitioner assualted Vasisth Narayan Jha by farsa causing injury

          on head and when he fell other accused assaulted him by lathi. It

          is next submitted that farsa is a sharp aged weapon but then the

          injury caused on head has been opined to be caused by hard and

          blunt substance. It is also submitted that no doubt, Vasisth
Patna High Court CR. MISC. No.48203 of 2025(3) dt.24-02-2026
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          Narayan Jha died on 25.11.2024 but then the injury has not been

          found to be inflicted by farsa. It is farily submitted that trial has

          commenced and one witness has been examined.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioner.

                       6. Learned counsel appearing on behalf of the

          informant       also opposes the prayer for regular bail of the

          petitioner and submits that since niece of the informant married

          a scheduled caste person which grieved the side of the petitioner

          on account of which the occurence took place. It is further

          submitted that no doubt, it is alleged that petitioner assaulted

          Vasisth Narayan Jha by farsa causing injury on head and the

          injury has been opined to be caused by hard and blunt substance

          but then farsa has both the sides blunt side and the sharp side. It

          is next submitted that from perusal of the injury report, it would

          manifest that Vasisth Narayan Jha suffered only one injury on

          head, though the blow was not repeated but the same was

          sufficient in the ordinary course of nature to cause death. It is

          also submitted that since trial has commenced and one witness

          has been examined, as such, it is not a fit case for releasing the

          petitioner on bail.

                       7. After hearing the learned counsel for the parties,
           Patna High Court CR. MISC. No.48203 of 2025(3) dt.24-02-2026
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                     the Court is not inclined to release the petitioner on bail in

                     connection with Madhubani (Town) P.S. Case No. 535 of 2024

                     pending in the Court of learned Chief Judicial Magistrate,

                     Madbubani/Successor Court.

                                  8. Hence, the prayer for bail is rejected.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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