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Patna High Court

Abhay Kumar Jha @ Abhay Jha @ Sonu JhaversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The Court held that anticipatory bail could not be granted to the petitioners.

Summary

The petitioners Abhay Kumar Jha and Nirbhay Kumar Jha applied for anticipatory bail fearing arrest in PS case No.138 of 2025, which alleged offences under several sections of the Indian Penal Code including assault, robbery and causing grievous hurt. The prosecution alleged that on 15‑08‑2025 Sonu Jha lured the informant’s nephew, stole his mobile and gold chain and, together with co‑accused, assaulted him with iron rods, bricks and a lathi, leaving the victim unconscious and requiring medical treatment. The petitioners claimed they were innocent and falsely implicated, asserting that the story was concocted. The State opposed the bail, highlighting the seriousness of the offences and the grievous nature of the injury. The Court, after considering the gravity of the charges and the victim’s injuries, declined to grant anticipatory bail. Accordingly, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the seriousness of the offences and the grievous injury to the victim
  • Whether the petitioners can be deemed innocent and thus eligible for anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • grievous hurt
  • assault
  • theft
  • Bihar High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87412 of 2025
                       Arising Out of PS. Case No.-138 Year-2025 Thana- TISIAUTA District- Vaishali
                 ======================================================
           1.     Abhay Kumar Jha @ Abhay Jha @ Sonu Jha S/O Late Mahesh Jha R/O Vill.
                  - Bishanupur Jasparha, P.S- Tisiauta, Dist.- Vaishali.
           2.    Nirbhay Kumar @ Nirbhay Jha @ Monu S/O Late Mahesh Jha R/O Vill. -
                 Bishanupur Jasparha, P.S- Tisiauta, Dist.- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar, Adv
                 For the Opposite Party/s :        Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   23-02-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Tisiauta P.S. Case No. 138 of 2025, registered for the

                   offence punishable under Sections 191(2), 191(3), 190, 303(2),

                   109, 117(2), 352, 351(2) of the B.N.S.

                                3. The case of the prosecution, in short, is that on

                   15.08.2025 at about 09:25 pm, Sonu Jha lured away the nephew

                   of the informant for eating and drinking at his home. Thereafter,

                   Reena Devi took away the mobile worth Rs. 40,000/- and

                   Archana Jha took his gold chain from his neck. On protest, Sonu

                   Jha and other co-accused armed with iron rod, bricks and lathi
            Patna High Court CR. MISC. No.87412 of 2025(3) dt.23-02-2026
                                                        2/2




                      started assaulting informant's nephew. After this, Sonu Jha

                      called informant over phone and said to take his nephew. When

                      the informant reached there, he found his nephew unconscious.

                      He was taken to PHC Jandaha for treatment.

                                   4. Learned counsel for the petitioners submits that the

                      petitioners are innocent and have falsely been implicated in the

                      present case. The petitioners have not committed any offence

                      and the entire story is false and concocted. He further submits

                      that the injury sustained by the victim appears to be grievous in

                      nature.

                                   5. Learned A.P.P. for the State opposes the prayer of

                      anticipatory bail.

                                   6. Considering the serious nature of the offence

                      alleged to have been committed by the petitioners and also

                      taking note of the fact that the injury sustained by the victim is

                      grievous in nature, this Court is not inclined to grant privilege of

                      anticipatory bail to the petitioners.

                                   7.   Accordingly,          the   present   anticipatory   bail

                      application stands rejected.



                                               (Alok Kumar Sinha, J)
kiran/-
U       T


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