Patna High Court
Pradip Jha @ Pradeep Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond, sureties, and conditions of cooperation.
Summary
Petitioner Pradip Jha sought anticipatory bail fearing arrest in a case (Khirhar PS Case No.106 of 2025) involving multiple offences under the B.N.S.S., 2023, including assault and outraging the modesty of the informant's mother. The FIR alleged that the petitioner, a relative of the informant, participated in a family dispute over ancestral land, leading to injuries caused by a hard blunt object. The State opposed bail, citing a direct allegation against the petitioner and a prior criminal antecedent, while the petitioner argued he was already on bail in the matter and offered cooperation. The Court considered the familial relationship, the nature of the injuries, and the land dispute, and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered the petitioner to be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) B.N.S.S., 2023, and cooperation with the investigation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the allegations of assault and outraging modesty and his prior criminal antecedent
- Whether the nature of the alleged injuries and the familial land dispute justify the grant of bail
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.S.
- assault
- outraging modesty
- family dispute
- land partition
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88172 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
Pradip Jha @ Pradeep Kumar Jha Son of Chandra Kant Jha Resident of
Village - Sonai, P.S. - Khirhar, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yogesh Kumar, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Khirhar P.S. Case no.106 of 2025 registered
under sections 126(2), 115(2), 118(1), 109, 76, 303(2), 333,
351(2), 352 and 3(5) of BNS, 2023.
3. The allegations in the F.I.R is that accused persons
came variously armed to the house of the informant and
indulged in assault and causing injuries to the informant and
others.
4. Learned counsel for the petitioner submits that
informant is the own grandson of one of co-accused Chandra
Kant Jha and the present petitioner happens to be the uncle of
the informant and the allegation against him is that of having
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outraged modesty of informant’s mother and also assaulted her
with knife causing injury to her. Injury report of the injured
Anita Devi, which is annexed as Annexure-P/3 to the petition,
would show that injuries are simple in nature caused by hard
and blunt object. The occurrence took place due to long-
standing family dispute regarding partition of ancestral land.
The petitioner undertakes to co-operate in investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State on the ground that there is direct
allegation against this petitioner of having outraged the modesty
of informant’s mother and also indulged in assault. It is further
submitted that petitioner has one criminal antecedent. In
response, learned counsel for the petitioner submits that he is on
bail in the said case.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that both
the parties are agnates and there is admitted land dispute
between them, coupled with the fact that injury sustained by the
informant’s mother is simple in nature caused by hard and blunt
object, it is directed that the petitioner, above named, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
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connection with Khirhar P.S. Case no.106 of 2025 on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Court concerned where the case is pending/successor Court,
subject to the condition laid down under Section 438(2) of the
Code of Criminal Procedure/Section 482(2) of the B.N.S.S,
2023 and subject to the further condition that he shall co-operate
in the investigation/trial.
(Soni Shrivastava, J)
Harsh/-
U T
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