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Patna High Court

Sumit JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS — s. 109, 115(2), 118(1), 126(2), 3(5)
  • BNSS — s. 480(3)

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
                                            2/3




          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
                                                         3/3




                                               (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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