Patna High Court

Kulanand JhaversusThe State of Bihar

Decided: 9 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioners with specified conditions.

Summary

The petitioners, Kulanand Jha and Vinod Jha, feared arrest in a criminal case (Sursand PS Case No. 340 of 2024) alleging offences under Sections 318(4), 338, 336(3), 340(2) and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that co‑accused Prakash Jha executed a fraudulent sale deed in favour of Yogendra Jha, and the petitioners are merely witnesses to that deed. The petitioners contended they are innocent, have clean antecedents and are not beneficiaries of the transaction, while the State opposed any bail. The Court noted that the co‑accused had already been granted anticipatory bail and, considering the nature of the accusation, allowed anticipatory bail to the petitioners subject to surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order thus protects the petitioners from immediate arrest while the investigation proceeds.

Issues considered

Whether anticipatory bail should be granted to the petitioners alleged only as witnesses in a case involving alleged fraud and offences under the Bharatiya Nyaya Sanhita
Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are sufficient for granting bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338, 340(2), 3(5)

Subjects

anticipatory bail
witness
sale deed fraud
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85503 of 2025
                      Arising Out of PS. Case No.-340 Year-2024 Thana- SURSAND District- Sitamarhi
                 ======================================================
           1.     Kulanand Jha Son of Madan Jha Resident of Village- Srikhandi Bhitha PS
                  -Sursand, Dist- Sitamarhi
           2.    Vinod Jha @ Vinod Kumar Jha son of Jai Bhadra Jha Resident of Village-
                 Srikhandi Bhitha PS -Sursand, Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Subodh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   09-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 318(4), 338, 336(3),

                   340(2), 3(5) of the Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, co-accused Prakash Jha

                   executed a registered sale deed in favour of co-accused

                   Yogendra Jha on 27.09.2023, without having any right for the

                   same. These petitioners are alleged to be witnesses of the sale

                   deed in question.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have committed no offence.
              Patna High Court CR. MISC. No.85503 of 2025(2) dt.09-02-2026
                                                          2/2




                        Petitioners are only alleged to be the witnesses in the sale deed

                        and they are not the beneficiaries. It is further submitted that co-

                        accused Prakash Jha and Yogendra Jha have already been

                        granted anticipatory bail by this Court vide order dated

                        28.01.2025 passed in Cr. Misc. No. 83574 of 2024. Petitioners

                        claim clean antecedent.

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

                        the bail application.

                                     6. Considering the nature of accusation and other facts

                        and circumstances of the case, this anticipatory bail is allowed

                        and it is ordered that let the above named petitioners in the event

                        of their arrest/surrender before the court below within a period

                        of eight weeks from today, 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 Chief Judicial

                        Magistrate, Sitamarhi in connection with Sursand P. S. Case No.

                        340 of 2024, subject to condition as laid down under Section

                        482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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