Patna High Court
Kuwar Jha @ Kuwar Kant JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Anticipatory bail was granted to the petitioners subject to bond and surety conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Summary
The petitioners, Kuwar Jha, Indila Devi and Guria Devi, sought anticipatory bail fearing arrest in a case (Pandaul P.S. Case No. 168 of 2025) alleging offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with others, attacked an informant's house and assaulted family members, causing serious injuries. The petitioners contended they were falsely implicated, noting a four‑day delay in filing the FIR, lack of specific overt acts against them, and that injuries were simple; they also highlighted their clean record and that a co‑accused had already been granted anticipatory bail. The State opposed the bail application. The Court, considering the circumstances, granted anticipatory bail subject to a Rs.15,000 bond, two sureties, and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
- Whether the allegations in the FIR constitute sufficient grounds to deny bail.
- Whether the delay in filing the FIR and lack of specific overt acts against the petitioners justify granting bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarika Suraksha Sanhita
- Section 482
- FIR delay
- false implication
- criminal procedure
- assault
- Madhubani
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8467 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- PANDAUL District- Madhubani
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1. Kuwar Jha @ Kuwar Kant Jha S/O Late Shivnarayan Jha R/o village-
Yamsam, P.s- Pandaul, District- Madhubani
2. Indila Devi @ Indila W/O Kuwar Jha @ Kuwar Kant Jha R/o village-
Yamsam, P.s- Pandaul, District- Madhubani
3. Guria Devi W/O Ajit Jha R/o village- Yamsam, P.s- Pandaul, District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagandeo Yadav, Advocate
Mr.Ravi Prakash, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Pandaul P.S. Case No. 168 of 2025, instituted for the
offences under Sections 126(2), 115(2), 118(1), 109, 303(2), 74,
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that the petitioners
along with other co-accused persons armed with weapons
attacked at the house of the informant and assaulted her family
members causing serious injuries and outraged to their dignity.
4. Learned counsel for the petitioners submitted that
Patna High Court CR. MISC. No.8467 of 2026(2) dt.05-02-2026
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the petitioners have falsely been implicated in the present case.
The F.I.R. lodged on 30.07.2025 after laps of four days of the
occurrence. Learned counsel for the petitioners submitted that
general and omnibus allegation has been made against the
petitioners. No specific overt act is alleged against the
petitioners. He further submitted that the injury was found
simple in nature. There is specific allegation of stabing against
co-accused Ajit Jha and co-accused Bimlesh Jha assaulted with
iron-rod. Learned counsel for the petitioner further submits that
other co-accused Asha Devi has been granted anticipatory bail
by a Co-ordinate Bench of this Court vide order dated
11.12.2025 passed in Cr. Misc. No. 79513 of 2025. It has been
submitted on behalf of the petitioners that the petitioners have
no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, let the petitioners above named, in the event of their
arrest/surrender before the learned Court below within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
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Court below/concerned Court in connection with Pandaul P.S.
Case No. 168 of 2025, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagarika Suraksha
Sanhita, 2023.
(Rudra Prakash Mishra, J)
manish/-
U T
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