Patna High Court
Chandan Kumar Jha @ Rohit MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to anticipatory bail as the allegations, being of a simple injury and made in self‑defence, establish a prima facie case for release.
Summary
The petitioner, Chandan Kumar Jha, was implicated in a FIR alleging assault on an informant and his family under several sections of the Bihar Penal Code. He claimed innocence, asserting that any injury caused was minimal and occurred in self‑defence. The State opposed his request for pre‑arrest (anticipatory) bail. The High Court examined the FIR, the nature of the injuries, and the claim of self‑defence, and found that the petitioner had made out a prima facie case for bail. Consequently, the Court directed the District Court to grant anticipatory bail upon arrest or surrender, subject to a bond of Rs 10,000 with two sureties and verification of any pending criminal antecedents. The order is conditioned on compliance with Section 482 of the Criminal Procedure Code.
Issues considered
- Whether the petitioner is entitled to anticipatory/pre‑arrest bail under Section 438 of the Cr.P.C. in view of the alleged offences.
- Whether the nature of the alleged assault and the claim of self‑defence justify denial of bail.
Legislation cited
- Bihar Penal Code — s. 110, 115(2), 117(2), 126(2), 329(3), 3(5), 351(2), 352
- Criminal Procedure Code — s. 438, 482
Subjects
- anticipatory bail
- pre‑arrest bail
- self‑defence
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91240 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- BAHERA District- Darbhanga
======================================================
Chandan Kumar Jha @ Rohit Mukhiya S/O Sri Harishchandra Jha R/O Vill.-
Sajhuaar, Benipur, P.S.- Baheda, Dist.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 04-02-2026 Heard Mr. Om Prakash Kumar, learned counsel
appearing on behalf of the petitioner and Ms. Veena Kumari
Jaiswal, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bahera P.S. Case No. 29/2025 registered for the offence(s)
punishable under Sections 126(2), 115(2), 117(2), 110, 351(2),
352, 329(3), 3(5) of the BNS.
3. As per the allegation made in the FIR, the
petitioner along with other accused assaulted the informant and
his family members, causing injuries.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present. He further submitted that a
general and omnibus allegation has been levelled against the
Patna High Court CR. MISC. No.91240 of 2025(2) dt.04-02-2026
2/3
petitioner. The petitioner, in their self-defence, may have caused
some injury on the person of the informant. The nature of injury
is simple. On these grounds, the petitioner seeks to be released
on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR, and the nature of injury, which is simple in
nature, petitioner, in their self-defence, may have caused some
injury on the person of the informant, I am of the opinion that
the petitioner has, prima facie, made out a case to be released on
pre-arrest bail.
7. The learned District Court is directed to release the
petitioner on anticipatory bail, in the event of his arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Bahera P.S. Case No. 29/2025, subject to the
condition as laid down under Section 482 of the BNSS//438(2)
of the Cr.P.C.
Patna High Court CR. MISC. No.91240 of 2025(2) dt.04-02-2026
3/3
8. The learned District Court is directed to verify
the criminal antecedent of the petitioner, as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner, as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Ashishsingh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.