Patna High Court
Abhay Kumar Jha @ Abhay Jha @ Sonu JhaversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- ALOK KUMAR SINHA
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
- Indian Penal Code — s. 109, 117(2), 190, 191(2), 191(3), 303(2), 351(2), 352
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
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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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