Patna High Court

Chandrakant JhaversusThe State of Bihar

Decided: 3 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioners.

Summary

The petitioners, Chandrakant Jha and Sunita Devi, sought anticipatory bail fearing arrest in a case alleging assault, robbery and other offences under multiple sections of the B.N.S. The prosecution alleged that on 6 September 2025 the accused stormed an informant's house, assaulted the family and stole a gold mangalsutra. The petitioners contended they were innocent, claiming the incident stemmed from a long‑standing family property dispute and that injuries were minor, with the petitioners having clean antecedents. The State opposed the bail. Considering the general nature of the accusations, the counter‑claims, the minor injuries and the petitioners' clean record, the court allowed the anticipatory bail, directing bail‑bond of Rs.10,000 with two sureties each, subject to Section 482(2) of the B.N.S.S. conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. despite the serious nature of the allegations.
Whether the petitioners' clean antecedents and the minor nature of alleged injuries justify bail.
Whether the prosecution's case under multiple sections of the B.N.S. warrants denial of anticipatory bail.

Legislation cited

B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 333, 3(5), 351(2), 352, 76
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
criminal law
assault
property dispute
clean antecedents
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.5409 of 2026
                     Arising Out of PS. Case No.-106 Year-2025 Thana- KHIRHAR District- Madhubani
                 ======================================================
           1.     Chandrakant Jha S/O Late Dev Narayan Jha R/o Vill.- Sonai, P.S - Khirhar,
                  District - Madhubani
           2.    Sunita Devi W/O Ravindra Nath Jha R/o Vill.- Sonai, P.S - Khirhar, District
                 - Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Ashok Kumar @ Ashok Karn, Advocate
                 For the State           :        Mr. Rajendra Nath Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

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

                   petitioners and learned APP appearing on behalf of the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 118(1), 109, 76, 303(2), 333, 351(2), 352 and 3(5) of the

                   B.N.S..

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

                   06.09.2025 at about 9 PM, all the F.I.R. named accused persons,

                   including these petitioners, stormed the house of informant and

                   assaulted informant and his family members. It is further alleged

                   that the accused persons also snatched gold Mangalsutra from

                   neck of mother of informant.
Patna High Court CR. MISC. No.5409 of 2026(2) dt.03-02-2026
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                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. On account of long standing family

          dispute regarding partition of ancestral property, scuffle took

          place between the parties in which both sides sustained injuries.

          There is case and counter-case. Doctor has found the injuries,

          allegedly caused by these petitioners, simple in nature. Rest of

          the allegations are ornamental in order to make the case grave.

          Petitioners claim clean antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, case and

          counter-case, nature of injuries allegedly caused by these

          petitioners and clean antecedents, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       7. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned S.D.J.M., Benipatti,
             Patna High Court CR. MISC. No.5409 of 2026(2) dt.03-02-2026
                                                         3/3




                       Madhubani in connection with Khirhar P.S. Case No. 106 of

                       2025, subject to condition as laid down under Section 482(2) of

                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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