Patna High Court
Gulshan Kumar Jha @ Gulshan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The court granted bail to the petitioner subject to conditions.
Summary
Gulshan Kumar Jha applied for bail in connection with PS Mouzahidpur Case No. 89 of 2025, which alleged his involvement in a violent land‑dispute resulting in assault, serious injuries to four persons, and theft of valuables. The petitioner argued that the incident stemmed from a simple fight, the injuries were minor, and he has a clean antecedent, offering to cooperate with the court. The State opposed bail, emphasizing the seriousness of the assault and the petitioner’s alleged participation. The court considered the genesis of the dispute, the nature of the injuries, and the petitioner’s clean record, and found no compelling reason to deny bail. Accordingly, the court granted bail subject to a bond of Rs.10,000 with two sureties and additional conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences of assault, grievous injury, and theft under the Bharatiya Nagrik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 482(2), 76
Subjects
- bail
- criminal procedure
- assault
- land dispute
- theft
- simple injury
- clean antecedent
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83957 of 2025
Arising Out of PS. Case No.-89 Year-2025 Thana- MOUZAHIDPUR District- Bhagalpur
======================================================
Gulshan Kumar Jha @ Gulshan Kumar S/O Arbind Kumar Jha R/O Village-
Jahangira, P.S- Sultanganj, Distt.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Adv.
For the Opposite Party/s : Mr. M. K. Nirala, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 06-01-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Mouzahidpur P.S. Case No. 89 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 76, 303(2),
352, 351(3), 351(2), 109, 3(5) of the BNS.
3. On account of some dispute, allegedly the
petitioner along with others brutally assaulted the informant and
her family members along with other unknown persons due to
which, four persons have sustained serious injuries and referred
to the Jawahar Lal Nehru Medical College and Hospital,
Bhagalpur. Besides the aforesaid allegation, it is also alleged
that the petitioner along with co-accused Sunil Kumar have
snatched the golden chain and other valuables.
4. Learned Advocate for the petitioner referring to the
Patna High Court CR. MISC. No.83957 of 2025(2) dt.06-01-2026
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FIR contended that the genesis of the occurrence is nothing but
a land dispute which resulted into a free fight and some
unfortunate injuries to the persons of both the sides. There is
counter version of the present case being Mouzahidpur P.S.
Case No. 87 of 2025, which was instituted on earlier point of
time. Moreover, the injuries which are allegedly sustained to the
informant and others have been found to be simple in nature. To
support the aforesaid contention, the injury reports of the injured
have been placed on record as Annexure-P/3 series. It is further
contended that be that as it may, the petitioner has absolutely
fair antecedent and he undertakes before this Court that he will
fully cooperate in the proceeding of the court.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that
because of assault being made by the accused persons, including
the petitioner, four persons have sustained injuries and the
complicity of the petitioner cannot be denied.
6. Regard being had to the submissions made on
behalf of the parties and considering the genesis of occurrence,
besides the factum of case and counter case as well as the
simple nature of injury and the fair antecedent of the petitioner,
let the petitioner abovenamed be released on bail, in the event of
Patna High Court CR. MISC. No.83957 of 2025(2) dt.06-01-2026
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his arrest or surrender before the court below within a period of
four weeks from the date of receipt/production of a copy of this
order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned ACJM-IX, Bhagalpur in connection with
Mouzahidpur P.S. Case No. 89 of 2025, subject to the conditions
laid down in Section 482(2) of the Bharatiya Nagrik Suraksha
Sanhita, 2023, with the further condition that one of the bailors
shall be the own/close family members of the petitioner.
(Harish Kumar, J)
Anjani/-
U T
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