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Patna High Court

Monu Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner subject to bond and conditions.

Summary

Monu Kumar Jha was arrested in connection with a case alleging assault, use of an iron rod, and firing at an informant, charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the Arms Act. The prosecution contended that Jha and co‑accused injured the informant and pursued him with firearms. Jha's counsel argued his innocence, lack of incriminating material, and that the injuries were minor, while noting Jha's four prior criminal records. The State opposed bail. Considering the facts, the period of custody since 20‑08‑2025, and the nature of the allegations, the Court decided to grant bail on a bond of Rs.15,000 with two sureties and imposed conditions regarding family surety and appearance in court. The order was pronounced by Justice Rudra Prakash Mishra.

Issues considered

  • Whether bail should be granted to the accused in a case involving assault, use of deadly weapons and multiple serious offences under the Bharatiya Nyaya Sanhita and the Arms Act.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • arms act
  • Bharatiya Nyaya Sanhita
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86138 of 2025
                     Arising Out of PS. Case No.-413 Year-2024 Thana- TEGHRHA District- Begusarai
                 ======================================================
                 Monu Kumar Jha Son of Gajendra Bhushan Jha Resident of Village- Teghra,
                 Ward No. 13, P.S.- Teghra, District- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvottam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Parmanand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   15-01-2026                           Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in connection with Teghra

                   P.S. Case No. 413 of 2024, instituted for the offences punishable

                   under Sections 126(2), 115(2), 109, 324(4), 352, 351(2), 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023, read with Sections 27, 25

                   (1-B)(a) of the Arms Act, later on Section 303(3) of the

                   Bharatiya Nyaya Sanhita, 2023, Sections 26 and 35 of the Arms

                   Act have been added.

                                3. The prosecution case, in short, is that the petitioner

                   along with other co-accused persons abused and assaulted the

                   informant by means of iron rod due to which he sustained

                   injuries. It is further alleged that when the informant started
Patna High Court CR. MISC. No.86138 of 2025(2) dt.15-01-2026
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          running from the place of occurrence, the accused persons

          chased and fired upon him.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. No incriminating material has been recovered from

          the conscious possession of the petitioner. Learned counsel for

          the petitioner also submits that both the parties are agnates and

          there is case and counter case between the parties. It is further

          submitted that the injuries sustained by the informant are simple

          in nature. The petitioner is in custody since 20.08.2025 and has

          got four criminal antecedents.

                       5. Learned APP 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 and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail on furnishing

          bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Teghra P.S. Case No.

          413 of 2024, subject to the following conditions:
             Patna High Court CR. MISC. No.86138 of 2025(2) dt.15-01-2026
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                                    (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                    (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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