Patna High Court
Monu Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Arms Act — s. 25(1-B)(a), 26, 27, 35
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(3), 324(4), 3(5), 351(2), 352
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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