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Patna High Court

Aman Jha @ Aman Kumar Jha @ Shubham JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners subject to strict conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita.

Summary

The petitioners, Aman Jha and Manoj Jha, sought bail in a criminal case (Rosera PS Case No. 59 of 2025) arising from an FIR alleging assault with an iron rod that caused grievous injury. They contended that the allegations stem from a private dispute and that they were falsely implicated, noting that co‑accused had already been granted anticipatory bail. The prosecution opposed bail, highlighting the petitioners' prior criminal records and the seriousness of the alleged offences. The Court observed that while the injury was grievous, it did not affect a vital part of the body and that a case‑and‑counter‑case existed between the parties. Accordingly, the Court ordered bail on a personal bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita, and directed compliance with further procedural safeguards.

Issues considered

  • Whether bail should be granted to the petitioners despite the seriousness of the alleged offences and their criminal antecedents
  • Whether the existence of a case‑and‑counter‑case and the nature of the injury justify bail

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • criminal antecedent
  • assault
  • grievous injury
  • Section 438 CrPC
  • Section 482 Bhartiya Nagarik Suraksha Sanhita
  • Bharatiya Nyay Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88909 of 2025
                       Arising Out of PS. Case No.-59 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
           1.     Aman Jha @ Aman Kumar Jha @ Shubham Jha S/o- Shambhu Jha @
                  Shambhu Kumar Jha @ Shambhu Kumar Village- Nandenagar Balha PS-
                  Rosera Distt- Samastipur
           2.    Manoj Jha @ Manoj Kumar Jha S/o- Late Yaduvir Jha @ Late Yaduveer Jha
                 Village- Nandenagar Balha PS-Rosera Distt- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Manoj Kumar Singh, Advocate
                                          :        Mr. Madhav Kumar, Advocate
                                          :        Mr. Vikram Kumar, Advocate
                 For the State            :        Mr. Ajit Kumar, APP
                 For the Informant        :        Mr. Raja Ram Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   12-01-2026                       Heard Mr. Manoj Kumar Singh, learned counsel for

                   the petitioners, Mr. Ajit Kumar, learned Additional Public

                   Prosecutor for the State, Mr. Raja Ram Mishra, learned counsel

                   for the Informant.

                                2. The petitioners are apprehending their arrest in

                   connection with Rosera P.S. Case No. 59 of 2025, F.I.R. dated

                   27.02.2025 for the offences punishable under Sections 126(2),

                   115(2), 117(2), 109, 352, 74, 3(5) of the Bharatiya Nyay

                   Sanhita, 2023.

                                3.      According to prosecution case, the informant

                   alleged that on 19.02.2025, when she was returning from Bhola
Patna High Court CR. MISC. No.88909 of 2025(2) dt.12-01-2026
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          Baba temple, then in the way, the petitioner along with other co-

          accused persons assaulted her by means of iron rod. When other

          people came to rescue her, the accused persons assaulted them

          also.

                      4. Learned counsel for the petitioners submits that

          petitioners are innocent and they have falsely been implicated in

          the present case. From bare perusal of the FIR it appears that

          due to some petty dispute the present occurrence has taken place

          and there is case and counter case between the parties and all the

          cases which are pending against the petitioner have been filed

          by the informant side. Although there is specific allegation

          against the petitioner no.2 that he assaulted to one Brij Bhushan

          Jha and he has received injury and injury inflicted upon the

          injured person is recorded as grievous in nature but the same is

          not vital part of the body and similarly situated co-accused

          persons, namely, Mukesh Kumar Jha @ Mukesh and Vikram

          Kumar Jha have been granted the privilege of anticipatory bail

          by co-ordinate Bench of this Court vide order dated 13.08.2025

          in Cr. Misc. No. 52599 of 2025.

                      5. The learned Additional Public Prosecutor as well as

          learned counsel for the Informant have vehemently opposed the

          prayer for bail of the petitioners on the ground that petitioner
Patna High Court CR. MISC. No.88909 of 2025(2) dt.12-01-2026
                                            3/4




          no.1 has got three criminal antecedents and petitioner no.2 has

          got one criminal antecedent other than the present one but fairly

          submits on the basis of paragraph-3 of the bail petition that both

          the petitioners are on bail in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          there is case and counter case between the parties and although

          injury inflicted upon one of the injured person is grievous in

          nature but the same is not on vital part of the body, let the

          petitioners, above named, in the event of arrest or surrender

          before the court below within a period of thirty days from the

          date of receipt of the order, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of the like amount each to the satisfaction of the learned ACJM-

          I, Rosera, Samastipur in connection with Rosera P.S. Case No.

          59 of 2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure / Section 482(2) of

          the Bhartiya Nagarik Suraksha Sanhita and with other following

          conditions:-

                       i. Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on their absence on two consecutive dates without sufficient
            Patna High Court CR. MISC. No.88909 of 2025(2) dt.12-01-2026
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                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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