Patna High Court
Pankaj Jha @ Vivekananda JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SATYAVRAT VERMA
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.
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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
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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,
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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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