Kailash Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8976 of 2025 Arising Out of PS. Case No.-316 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.
Kailash Jha S/o Late Uchithilal Jha @ Late Uchit Jha R/o Balha, Araria Balha, P.O. - Balha, P.S. - Parbatta, District - Khagaria, Bihar - 851203. 2.
Vijay Jha S/o Late Uchithilal Jha @ Late Uchit Jha R/o Panchayat Kabela, Gram - Balha, Araria, P.O. - Balha, P.S. - Parbatta, District - Khagaria, Bihar - 851203.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Shankar Roy, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Parbatta P.S. Case No. 316 of 2024 instituted for the offences under Sections 126(2), 115(2), 118(2), 109, 303(2), 331(4), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that , accused persons including the petitioners brutally assaulted one Kanhaiya Thakur and Bambam Yadav. The assailants forcefully entered, attempted to kill the brother of the informant, severely injured him and looted gold, silver and cash of Rs. 17 lakh.
Patna High Court CR. MISC. No.8976 of 2025(3) dt.27-06-2025 2/3
4. Learned counsel for the petitioners submitted that the petitioners are innocent and have falsely been implicated in the present case. Learned counsel for the petitioners submitted that general and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. There is case and counter case between the parties. There is no independent eye-witness to the occurrence. It has been submitted on behalf of the petitioners that the petitioners have no criminal antecedent. The co-accused persons have already been granted regular bail by this Court vide order dated 20.02.2025 passed in Cr. Misc. No. 83378 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case, there being no specific allegation against these petitioners, let the petitioners, above named, in the event of arrest/surrender before the lower court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Parbatta P.S. Case No. 316 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.8976 of 2025(3) dt.27-06-2025 3/3 Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T