Prakash Kumar Jha @ Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40730 of 2026 Arising Out of PS. Case No.-68 Year-2026 Thana- SARSI District- Purnia ====================================================== Prakash Kumar Jha @ Prakash Kumar S/O Sri Mandal Jha @ Chandra Kishor Jha R/O Village- Sarsi Durga Asthan, PS- Sarsi, Distt- Purnia(Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Prakash For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-06-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.04.2026 in connection with Sarsi (District-Purnia) P.S. Case No. 68 of 2026 for the offences punishable under Sections 126(2), 115(2), 133, 135, 109(1), 303(2), 352, 351(2), 351(3), 3(5) of B.N.S 2023.
3. According to prosecution case, the informant namely Santosh Kumar stated therein that I am Santosh Kumar, aged 28 years, son of Shri Girish Mahto, resident of VillageNawadih, Police Station- Laghuar, District- Jamui.Currently, I work as an A.C.C. Company Godown Keeper located at Sarsi Bazar. Besides this, I have also been working as a teacher at Astha Coaching, Sarsi Bazar, along with Prakash Kumar Jha for about 7 months. Today, on 11-04-2026, at around 3:00 PM, Prakash Kumar Jha called me over the phone to his Astha Coaching Center located in Sarsi Bazar. While we were conversing, Prakash Kumar Jha, aged about 30 years, son of
2/4 Shri Mandal Jha, resident of Village-Sarsi, Durgasthan, Police Station- Sarsi, District-Purnea, started hitting me with slaps. When I asked why he was hitting me, meanwhile, along with him, (2) Saurabh Kumar Jha, father's name unknown, (3) Ankit Kumar, son of Raju Sah, (4) Mayank Kumar, father's name unknown, all three residents of Village-Sarsi, Police StationSarsi, District- Purnea, and 2-3 other boys whose names are unknown. At the instigation of Prakash Kumar Jha, they started hitting me countless times with sticks and belts with the intention to kill me, and they tied me up with a rope. Prakash Kumar Jha shaved the hair off my head and smeared black lime on my face. From there, somehow saving my life, I fled through Sarsi Bazar Hatiya and reached the A.C.C. Godown.
Even then, at the instigation of Prakash Kumar Jha, some people reached there as well and attempted to beat me up. Meanwhile, a large crowd gathered and the police also arrived, who rescued me from there, brought me to the police station, and took me to Banmankhi Sadar Hospital for treatment. After primary treatment there, I was referred to G.M.C.H. Purnea for better medical care.
3/4 coaching room. They also snatched my mobile phone containing Mobile No. 7762041534.
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It is further submitted that the allegation as alleged in the FIR is forged and fabricated and the petitioner has not committed any offence as alleged in the FIR. It is next submitted that in fact the family members of the girl student have assaulted to the informant and petitioner has been made an accused in the present case merely on the ground that petitioner is Director of the coaching in question when petitioner has no role at all in the alleged occurrence. Apart from that the informant has not received any injury and petitioner is in custody since 11.04.2026.
5. The learned Additional Public Prosecutor for State has vehemently opposed the prayer for bail of the petitioner and submits that petitioner is named in the FIR and apart from that petitioner has participated in the present crime in question.
6. Considering the aforesaid facts and circumstances and the fact that petitioner has clean antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
4/4 like amount each to the satisfaction of the learned J.M Ist class, Purnia in connection with Sarsi (District-Purnia) P.S. Case No. 68 of 2026, 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 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) Gaurav Sinha/- U T