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Patna High Court

Anil Kumar Jha @ Babu SahebversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied.

Summary

Anil Kumar Jha sought anticipatory bail after learning that a FIR had been lodged against him under Sections 281, 125(a), 125(b) and 109(1) of the B.N.S., alleging that he had run over an informant with his motorcycle, causing grievous leg injuries. The petitioner claimed the case was fabricated due to a petty village dispute and asserted his innocence. The State opposed bail, highlighting the specific nature of the accusation, the seriousness of the injuries, and the petitioner’s two prior criminal records. The court examined the factual matrix, the gravity of the alleged offences and the petitioner’s antecedents. Concluding that the allegations were specific and serious, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the specific accusations under Sections 281, 125(a), 125(b) and 109(1) of the B.N.S.
  • Whether the petitioner’s prior criminal antecedents and the grievous nature of the alleged injuries justify denial of anticipatory bail

Legislation cited

  • B.N.S. — s. 109(1), 125(a), 125(b), 281

Subjects

  • anticipatory bail
  • criminal antecedents
  • grievous injury
  • false case
  • Section 281
  • Section 125
  • Section 109
  • B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.5198 of 2026
                     Arising Out of PS. Case No.-171 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Anil Kumar Jha @ Babu Saheb S/o- Late Yugal Kant Jha Village- Sanha west
                 PS- S. kamal Dist- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Sabal Kumar Jha, Advocate
                                                 Mr. Raj Kumar Sinha, Advocate
                 For the State           :       Ms. Pushpa Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-02-2026                    Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                  2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 281,

                   125(a), 125(b) and 109(1) of the B.N.S..

                                  3. As per prosecution case, it is alleged that this

                   petitioner dashed the informant with his motorcycle due to

                   which informant sustained injuries.

                                  4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Both parties are co-villagers and due to

                   petty dispute, this false and concocted case has been lodged.

                                  5. On the other hand, learned A.P.P. for the State has
             Patna High Court CR. MISC. No.5198 of 2026(2) dt.03-02-2026
                                                         2/2




                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       with specific accusation that he dashed the informant with his

                       motorcycle due to which informant sustained injuries in the leg.

                       Doctor has found the injuries, sustained by the informant,

                       grievous in nature. Petitioner has got two criminal antecedents.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation, nature of injuries

                       sustained by the injured and criminal antecedents of the

                       petitioner, the prayer for grant of anticipatory bail to the

                       petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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