Patna High Court

Arun Kumar JhaversusThe State of Bihar

Decided: 4 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court allowed the petition for anticipatory bail, exercising its inherent powers under Section 482(2) of the B.N.S.S.

Summary

The petitioners, three residents of Anandpur Sahoda, sought anticipatory bail after the police registered a case alleging they assaulted an informant with lathis, dandas and iron rods, causing injuries. The prosecution alleged that the assault occurred on 26 August 2025 and cited offences under Sections 115(2), 126(2), 117(2), 109(1), 352, 351(2) and 3(5) of the B.N.S. The petitioners contended they were innocent, claiming the incident stemmed from a long‑standing land dispute and that the injuries were minor. The State opposed the bail, arguing the seriousness of the charges. Considering the counter‑claims, the nature of the injuries, and the possibility of a case‑against‑case, the Court exercised its inherent powers under Section 482(2) of the B.N.S.S. and granted anticipatory bail, subject to a bail bond and sureties.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in view of the alleged offences.
Whether the facts and circumstances, including the land dispute and nature of injuries, justify denial of bail.

Legislation cited

B.N.S. — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Section 482
Criminal law
Assault
Land dispute
Bihar
Section 115
Section 126
Section 117
Section 109
Section 352
Section 351
Section 3

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6108 of 2026
                     Arising Out of PS. Case No.-129 Year-2025 Thana- ASHOK PAPER MILL District-
                                                        Darbhanga
                 ======================================================
           1.     Arun Kumar Jha Son of Late Jagdish Jha Resident of Village- Anandpur
                  Sahoda, P.S.- Ashok Paper Mill, District- Darbhanga
           2.    Manoj Kumar Jha Son of Sri Arun Kumar Jha Resident of Village-
                 Anandpur Sahoda, P.S.- Ashok Paper Mill, District- Darbhanga
           3.    Krishna Murari Jha Son of Ram Bilash Jha @ Munshi Jha Resident of
                 Village- Anandpur Sahoda, P.S.- Ashok Paper Mill, District- Darbhanga

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Ms. Vaishnavi Singh, Advocate
                 For the State           :       Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-02-2026                  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 115(2),

                   126(2), 117(2), 109(1), 352, 351(2) and 3(5) of the B.N.S..

                                3. The prosecution case, in brief, is that on 26.08.2025

                   at about 10:30 AM, all the F.I.R. named accused persons,

                   including these petitioners, armed with lathi, danda and iron

                   rod, surrounded the informant and on the orders of Petitioner

                   No. 1, Petitioner No. 2 and co-accused Saroj Kumar Jha

                   assaulted informant with lathi over his head due to which he
Patna High Court CR. MISC. No.6108 of 2026(2) dt.04-02-2026
                                            2/3




          sustained injuries.

                       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 land

          dispute between the parties, maar-peet took place 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.

                       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, case and counter-case between the parties and nature of

          injuries sustained by the injured, 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 Judicial Magistrate 1 st

          Class, Darbhanga in connection with Ashok Paper Mill P.S.

          Case No. 129 of 2025, subject to condition as laid down under
             Patna High Court CR. MISC. No.6108 of 2026(2) dt.04-02-2026
                                                         3/3




                       Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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