← Library
Patna High CourtCR. MISC./24223/2026bail granted

Chandreshwar Jha v. The State Of Bihar

2026-04-15Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24223 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- FORBESGANJ District- Araria ====================================================== 1.

Chandreshwar Jha S/O Tanuk Laal Jha R/O Village-Ramai, Ward no. 08, PSForbesganj, Distt-Araria 2.

Sarwesh Jha @ Sarwesh Kumar Jha @ Sarwesh Kumar S/O Chandreshwar Jha R/O Village-Ramai, Ward no. 08, PS-Forbesganj, Distt-Araria 3.

Sushila Devi W/O Chandreshwar Jha R/O Village-Ramai, Ward no. 08, PSForbesganj, Distt-Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate ;

Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP For the Informant :

Mr. Majid Mahboob Khan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioners, Mr. Majid Mahboob Khan, learned counsel appearing on behalf of the informant as well as Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. Petitioners seek bail in connection with Forbesganj P.S. Case No. 06 of 2026, F.I.R. dated 04.01.2026 for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 329(3), 118(1), 109(1),324 (4), 303(2), 352, 351(2), 103(1) of the Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, on 04.01.2026 at about 09.00 A.M, when the informant and his family members

2/4 were at home, then the petitioners along with 8-10 others armed with weapons came and assaulted Dinesh Jha and Dhananjay with sword and a trident, causing them injury. It is further alleged that accused persons also assaulted the informant causing her injury.

4. Learned counsel for the petitioners submits that petitioners are innocent and they falsely been implicated in the present case. There is case and counter case between the parties and informant and petitioners are agnates to each other and due to previous dispute the present occurrence has taken place and there was no intention to kill anyone. Although the petitioners are named in the FIR but from bare perusal of the FIR it appears that there is no specific allegation of assault or overt act against them rather there is general and omnibus allegation against all the accused persons including the petitioners. The police after investigation submitted charge-sheet and the petitioner no.1 is in custody since 21.01.2026 and petitioner nos.2 and 3 are in custody since 13.01.2026.

5. The learned counsel appearing on behalf of the informant as well as learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioners and submit that petitioners were involved in the present crime in

3/4 question and apart from that petitioners carries one criminal antecedent but fairly submits that the same was lodged by the informant side.

6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt against the petitioners, let the petitioners, 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 C.J.M., Araria in connection with Forbesganj P.S. Case No. 06 of 2026, subject to the following conditions:- i. Petitioners 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 their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tamper with the evidence or the 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 petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for

4/4 cancellation of bail bond of the petitioners. 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) Suruchi/- U T