Patna High Court
Sumit JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions stipulated under Section 480(3) of the BNSS.
Summary
The petitioner, Sumit Jha, sought bail in a case registered under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS for allegedly attempting to cut the neck of an informant's husband with a knife. The prosecution alleged a brutal assault resulting in a cut injury on the victim's neck, while the defence argued that the injury was superficial, not grievous, and that the petitioner was falsely implicated. The petitioner, a 20‑year‑old with a clean antecedent, had been in custody since 21‑10‑2025 and the charge sheet had been filed. The State opposed bail, but the court, after considering the nature of the injury, the charge sheet, and the petitioner’s custody period, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also imposed attendance requirements and a cancellation clause for non‑compliance.
Issues considered
- Whether the alleged injury qualifies as a grievous injury under the applicable statute
- Whether the petitioner is entitled to bail despite the seriousness of the offences charged
- Whether the conditions prescribed under Section 480(3) of the BNSS are applicable
Legislation cited
Subjects
- bail
- criminal procedure
- assault
- grievous injury
- false implication
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8934 of 2026
Arising Out of PS. Case No.-552 Year-2025 Thana- SUGAULI District- East Champaran
======================================================
Sumit Jha Son of Binay Jha @ Laddu Jha Resident of Village - Chhapra
Koraiya, P.S.- Sugauli, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Adv.
For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sugauli P.S. Case No. 552 of 2025, registered
for the offences under Sections 126(2), 115(2), 118(1), 109, 3(5)
of the BNS.
3. As per the prosecution case, after some altercation
the petitioner and other coaccused persons brutally assaulted the
husband of the informant. Allegation against the petitioner is
that he tried to cut the neck of the husband of the informant with
a knife.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Some altercation and scuffle took
Patna High Court CR. MISC. No.8934 of 2026(2) dt.17-02-2026
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place between the parties however no knife blow was given as
alleged. The injury report appears to be procured which shows a
sharp cut injury on the back of the neck measuring 6 x ½ skin
deep but the dimensions do not contain the scale. Further the
injury is stated to be grievous but the injury is not covered under
the definition of grievous injury. Learned counsel further
submits that moreover the injury is only skin deep and appears
to be superficial. Petitioner is a boy aged about 20 years and he
is having clean antecedent. The petitioner is in custody since
21.10.2025. Charge sheet has been submitted.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
nature of injury and submission of charge sheet against the
petitioner and his period of custody, the petitioner is directed to
be released on bail, on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned JMFC,
Motihari/concerned court, in connection with Sugauli P.S. Case
No. 552 of 2025, subject to the condition laid down under
Section 480(3) of the BNSS and other following conditions:
Patna High Court CR. MISC. No.8934 of 2026(2) dt.17-02-2026
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(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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