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Patna High Court

Kuwar Jha @ Kuwar Kant JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




          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
           Patna High Court CR. MISC. No.8467 of 2026(2) dt.05-02-2026
                                                       3/3




                     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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