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Patna High Court

Pradip Jha @ Pradeep Kumar JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.88172 of 2025(2) dt.15-01-2026
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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
              Patna High Court CR. MISC. No.88172 of 2025(2) dt.15-01-2026
                                                          3/3




                        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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