Patna High Court
Ashok Kumar JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners with specified conditions.
Summary
Petitioners Ashok Kumar Jha and Navin Kumar Jha sought anticipatory bail after a complaint was lodged alleging conspiracy to defraud by selling joint property to each other's wives, and assaulting the complainant, who is their brother. The prosecution charged them under Sections 318(4), 338, 336(3), 340(2) and 61(2) of the Bharatiya Nyaya Sanhita. The petitioners contended that the dispute is civil in nature, that they are innocent, and that similar co‑accused have already been granted anticipatory bail in a related case. The State opposed the bail application. Considering the nature of the allegations, the existence of a parallel civil suit, and the precedent of earlier bail, the Court allowed anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a requirement to surrender within eight weeks, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the alleged offences constitute a non‑bailable offence warranting denial of bail.
- Whether the underlying property dispute being civil in nature affects the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 318(4), 336(3), 338, 340(2), 61(2)
Subjects
- anticipatory bail
- conspiracy to defraud
- property dispute
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- civil suit
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91568 of 2025
Arising Out of PS. Case No.-286 Year-2024 Thana- MADHEPURA COMPALINT CASE
District- Madhepura
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1. Ashok Kumar Jha S/o Late Nityanand Jha R/o G-46, Vijay Vihar Phase 1,
Rohini, North, P.S.- Rohini North, West Delhi,
2. Navin Kumar Jha S/o Late Nityanand Jha R/o Ramnagar Shahpur Tola
Tikkar Gwalpara, P.s.- Gwalpara, Distt.- Madhepura, Kahra Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. Arvind Kumar Jha S/o Nityanand Jha R/o Shahpur Ramnagar, ward no. 3,
P.s.- Gwalpara, Distt.- Madhepura, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Sen Prasad Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 318(4), 338, 336(3),
340(2) & 61(2) of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in nutshell, is that petitioner no. 1
sold his joint property in favour of wife of petitioner no. 2 and
petitioner no. 2 also executed a sale deed in favour of wife of
petitioner No. 1 under a conspiracy to defraud the complainant
and also to grab the joint properties. It is further alleged that
when the complainant asked about the alleged forged act on
Patna High Court CR. MISC. No.91568 of 2025(2) dt.19-01-2026
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getting certified copy thereof, co-accused persons assaulted the
complainant.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Complainant is own brother of these petitioners and due to petty
dispute, present case has been lodged against these petitioners.
Dispute is with regard to sale and purchase of land which is civil
in nature. It is further submitted that complainant has also filed
Title Suit No. 31 of 2022 against these petitioners before the
civil court. It is further submitted that similarly situated co-
accused persons have already been granted anticipatory bail by
co-ordinate Bench of this Hon’ble Court vide order dated
18.12.2025 passed in Cr. Misc. No. 85966 of 2025.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
and it is ordered that let the above named petitioners in the event
of their arrest/surrender before the court below within a period
of eight weeks from today, be enlarged on bail on furnishing
bail-bond of Rs. 10,000/- (ten thousand) each with two sureties
of the like amount each to the satisfaction of Additional Chief
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Judicial Magistrate I, Udakishunganj in connection with
Complaint Case No. 286 of 2024, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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