Patna High Court
Babu Saheb JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners, Babu Saheb Jha and his sons Santosh and Akhilesh Kumar Jha, filed a bail petition fearing arrest in a case registered under Sections 115(2), 126(2), 110, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. They contended that the FIR specifically accuses co‑accused Ganesh Jha of stabbing an informant, and that the allegations against them are merely general and omnibus. The State opposed the bail, arguing that the offences are serious. The Court examined the nature of the allegations and the statutory provision under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which empowers the High Court to grant bail in appropriate cases. Considering the lack of specific incriminating material against the petitioners and the principle of liberty, the Court ordered bail on the condition of surrender within eight weeks, a bail bond of Rs.10,000 with two sureties, and compliance with Section 482. The bail order effectively disposes of the petition.
Issues considered
- Whether the petitioners are liable to be arrested despite only general allegations in the FIR
- Whether bail can be granted under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in the present circumstances
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 110, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- section 482
- Bhartiya Nyaya Sanhita
- general allegation
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89780 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
1. Babu Saheb Jha S/O Late Jamuna Prasad Jha @ Late Yamuna Prasad Jha
Resident of Village -Mahuar, P.S. Ghanshyampur, P.O. Ghanshyampur,
District - Darbhanga
2. Santosh Jha @ Santosh Kumar Jha @ Saro Son of Babu Saheb Jha Resident
of Village -Mahuar, P.S. Ghanshyampur, P.O. - Ghanshyampur, District
-Darbhanga.
3. Akhilesh Kumar Jha @ Akhilesh Jha Son of Babu Saheb Jha Resident of
Village -Mahuar, P.S. Ghanshyampur, P.O. Ghanshyampur, District -
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manendra Kumar Sinha
For the Opposite Party/s : Mr.Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 110,
352, 351(2), 3(5) of the Bhartiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that as
per F.I.R. itself, specific accusation of stabbing informant is
against co-accused Ganesh Jha. So far as these petitioners are
concerned, there is general and omnibus allegation. Case and
counter case. Both parties are in inimical terms and as such,
series of litigation is pending between them.
Patna High Court CR. MISC. No.89780 of 2025(2) dt.15-01-2026
2/2
4. Learned A.P.P. for the State has opposed the bail
petition.
5. In the facts and circumstances of the case, 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 A.C.J.M. - II, Biraul, Darbhanga in connection with
Ghanshyampur P.S. Case No. 6 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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