Santosh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3954 of 2026 Arising Out of PS. Case No.-396 Year-2025 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Santosh Jha Son of Late Laxman Jha Resident of Village - Dewanbari, P.S.- Kochadhaman, District - Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-01-2026 Heard Mr. Rajeev Ranjan, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 27.09.2025 in connection with Kochadhaman P.S. Case No. 396 of 2025, F.I.R. dated 26.09.2025 for the offences punishable under Sections 126(2), 115(2), 85, 109(1), 118(1), 351(2) and 352 of the BNS, 2023.
3. According to prosecution case, this petitioner has brutally assaulted his wife who happens to be daughter of the informant due to which she received serious injury.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the
Patna High Court CR. MISC. No.3954 of 2026(2) dt.28-01-2026 2/3 F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. As per the allegation, the petitioner has assaulted his wife by means of axe due to which she received injury. He further submits that due to some dispute and on the spur of moment the present occurrence took place and there is no intention to kill her. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 27.09.2025.
5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Kishanganj in connection with Kochdhaman P.S. Case No. 396 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.3954 of 2026(2) dt.28-01-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T