Patna High Court

Alok Jha @ Alok KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted bail to the petitioners subject to a Rs.10,000 bond, two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners, Alok Jha and Vikash Jha, sought bail fearing arrest in a case registered under multiple sections of the Bhartiya Nyaya Sanhita for allegedly assaulting an informant and his father on 31 August 2025. The FIR alleges that petitioner No.1 struck the informant’s father with an iron rod and petitioner No.2 struck him on the head with a Dabiya, causing simple injuries. Petitioner No.1 claimed a clean antecedent, while petitioner No.2 disclosed a prior criminal case for which he was out on bail. The court examined whether the seriousness of the offences and the antecedents warranted denial of bail. Relying on the principle that bail is a right unless the nature of the offence or the likelihood of tampering with evidence justifies denial, the court ordered bail. Bail was granted on the condition of furnishing a Rs.10,000 bond with two sureties each, within eight weeks, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted to the petitioners despite the seriousness of the offences alleged under the Bhartiya Nyaya Sanhita.
Whether the prior criminal antecedent of petitioner No.2 precludes the grant of bail.
Whether Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, authorises the court to enlarge bail in this circumstance.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352

Subjects

bail
criminal procedure
assault
antecedent
Section 482
Bhartiya Nyaya Sanhita
High Court of Patna

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89701 of 2025
                    Arising Out of PS. Case No.-210 Year-2025 Thana- KHANPURA District- Samastipur
                 ======================================================
           1.     Alok Jha @ Alok Kumar Son of Vikash Jha @ Vikash Kumar Jha Resident
                  of Village- Khatuaha PS- Khanpur Distt -Samastipur
           2.     Vikash Jha @ Vikash Kumar Jha son of Late Kameshwar Jha Resident of
                  Village- Khatuaha PS- Khanpur Distt -Samastipur
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jitendra Narain Sinha, Adv.
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                                                  Mr. Raj Kumar, Adv.for Informant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 126(2), 115(2), 118,

                   303(2), 109, 352, 351(2) and 3(5) of the Bhartiya Nyaya

                   Sanhita.

                                3. As per F.I.R., on 31.08.2025 at about 2:20 PM, the

                   informant along with his father was returning on motorcycle, in

                   the meantime, the accused persons named in the F.I.R. including

                   these two petitioners surrounded them and assaulted. Petitioner

                   no. 1 is alleged to have assaulted on the face of informant’s

                   father by means of iron rod, whereas petitioner no. 2 assaulted

                   on his (informant’s father) head by Dabiya. Doctor has found
           Patna High Court CR. MISC. No.89701 of 2025(2) dt.15-01-2026
                                                       2/2




                     the injuries simple in nature. Petitioner no. 1 claims clean

                     antecedent, whereas petitioner no. 2 has got one criminal

                     antecedent, in which, he is on bail.

                                  4. Considering the nature of accusation and injury, let

                     the    above      named      petitioners,      in    the   event   of   their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Samastipur

                     in connection with Khanpur P.S. Case No. 210 of 2025, subject

                     to condition as laid down under Section 482 of the Bhartiya

                     Nagrik Suraksha Sanhita, 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T

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