Patna High Court

Jhulan SahversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

Since the FIR specifically alleges assault against co‑accused and the petitioners have no criminal antecedent, they are entitled to regular bail.

Summary

The petitioners, Jhulan Sah and Babita Devi, applied for regular bail in a criminal case (Madhaura PS Case No. 709 of 2025) filed under sections 109, 103, 303(2) and 76 of the Bharatiya Nyaya Sanhita, 2023. The FIR alleges that, over a trivial dispute, co‑accused Laxman Sah and Pankaj Sah assaulted the informant’s husband and father‑in‑law with a sharp weapon, while the petitioners are said only to have caught the informant. The petitioners contend they have been falsely implicated, have no criminal antecedent, and have been in custody since 24‑10‑2025. The State opposed bail. The Court, noting that the specific assault allegation is directed at the co‑accused and that the petitioners have no prior record, ordered that both petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each.

Issues considered

Whether the petitioners are entitled to regular bail despite being charged under sections 109, 103, 303(2) and 76 of the Bharatiya Nyaya Sanhita, 2023.
Whether the FIR specifically implicates the petitioners in the alleged assault.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 103, 109, 303(2), 76

Subjects

regular bail
false implication
assault
Bharatiya Nyaya Sanhita
criminal procedure
no antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.899 of 2026
                     Arising Out of PS. Case No.-709 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
           1.     Jhulan Sah S/o- Late Paras Sah Village- Asoiya, ward no- 3, PS- Madhaura,
                  District-Saran
           2.    Babita Devi @ Babita Kumari W/o- Laxman Sah Village- Asoiya, ward no-
                 3, PS- Madhaura, District-Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Dr. Harendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Madhaura P.S. Case no.

                   709 of 2025 registered under sections 109, 103, 303(2) and 76

                   of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the informant states

                   that over a trivial dispute of her two and a half year old child

                   having passed urine in the angan, the six named accused

                   persons including the two petitioners herein assaulted her

                   husband and father-in-law with a sharp weapon. It is further

                   stated that the accused who assaulted with the knife were
Patna High Court CR. MISC. No.899 of 2026(2) dt.15-01-2026
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          Laxman Sah and Pankaj Sah while the other accused persons

          including the two petitioners herein are said to have caught the

          informant and others.

                       4. Learned counsel for the petitioners submits that the

          petitioners have been falsely implicated in the case. The father-in-law

          of the informant died in course of treatment. Referring to the contents

          of the FIR, it is submitted that the allegation of assault is specific on

          co-accused Laxman Sah and Pankaj Sah and not on the petitioners

          herein. The petitioners have no criminal antecedent and are in

          custody since 24.10.2025. They undertake to cooperate in the

          investigation/trial.

                       5. The application for bail is opposed by learned APP

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the specific

          allegation of assault not being on the petitioners herein but on

          co-accused Laxman Sah and Pankaj Sah, together with the

          petitioners not having any criminal antecedent and being in

          custody since 24.10.2025, both the petitioners are directed to be

          enlarged on bail in connection with Madhaura P.S. Case no. 709 of

          2025 on each of them furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.899 of 2026(2) dt.15-01-2026
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                     each to satisfaction of the learned Chief Judicial Magistrate,

                     Saran at Chapra.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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