Patna High Court

Bachcha JhaversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

The Court held that the petitioner is not entitled to pre‑arrest bail and must seek regular bail before the District Court.

Summary

Bachcha Jha filed a pre‑arrest bail application fearing arrest in connection with FIR No.124 of 2025 under Sections 103(1) and 3(5) of the BNS. The High Court examined whether the petitioner was entitled to pre‑arrest bail. The Court was not persuaded by the allegations in the FIR and declined to grant pre‑arrest bail. It directed the petitioner to apply for regular bail before the District Court, which must decide the matter promptly. Consequently, the pre‑arrest bail application was rejected.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case registered under Sections 103(1) and 3(5) of the BNS

Legislation cited

BNS — s. 103(1), 3(5)

Subjects

pre‑arrest bail
regular bail
criminal procedure
BNS
section 103(1)
section 3(5)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.487 of 2026
                      Arising Out of PS. Case No.-124 Year-2025 Thana- TURKI KHARARU District-
                                                       Muzaffarpur
                 ======================================================
                 Bachcha Jha S/O Late Ram Briksh Jha Resident of Village- Bar Kurwa
                 Chadhua, P.S- Turki, Distt.- Muzaffarpur.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sriniwas Jha, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   04-02-2026                      Heard Mr. Sriniwas Jha, learned counsel appearing

                   on behalf of the petitioner and Mr. Sanjay Kumar Sharma,

                   learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Turki P.S. Case No. 124 of 2025 registered under Sections

                   103(1), 3(5) of the BNS.

                                3. Considering the allegation made in FIR, I am not

                   inclined to enlarge the petitioner on pre-arrest bail.

                                4. The petitioner, if so advised, may seek regular bail

                   before the learned District Court. The learned District Court is

                   directed to pass a necessary order, in accordance with law, on

                   the basis of materials available on record, on the same day, the

                   bail application is filed, without any further delay and without
           Patna High Court CR. MISC. No.487 of 2026(2) dt.04-02-2026
                                                       2/2




                     being prejudiced by any observation made by this Court.

                                  5. Accordingly, the present application stands

                     rejected.



                                                (Purnendu Singh, J)
Ashishsingh/-

U      T

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