Sohan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61525 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- BIHRA District- Saharsa ====================================================== Sohan Jha Son of Late Chandra Kant Jha, R/o Village - Panchgachhiya, Ward no. 3, P.S. - Bihra, Dist - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 10-09-2025 Heard Mr. Chandra Mohan Jha, learned counsel appearing on behalf of the petitioner and Mr. Jharkhandi Upadhyay, learned APP for the State.
2. Petitioner seeks pre-arrest bail in connection with Bihra P.S.Case No.79 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 109(1), 329(3), 118(2), 119(1), 119(2), 351(2) and 3(5) of BNS and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, there is a land dispute between the parties. It is alleged that co-accused (Varun Kumar Jha @V.K.Jha) indiscriminately fired on the informant and others, who sustained bullet injuries.
4. Mr. Chandra Mohan Jha, learned counsel appearing
Patna High Court CR. MISC. No.61525 of 2025(2) dt.10-09-2025 2/3 on behalf of the petitioner submitted that the petitioner had not participated in the alleged incidence rather he was present at the place of the occurrence. He has neither given any order to the co-accused, Varun Kumar Jha @ V.K.Jha nor his complicity can be adjudged from the manner, in which the allegation has been made in the FIR.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the nature of allegation made in the FIR as the allegation of firing is against co-accused Varun Kumar Jha @ V.K. Jha, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned district court within a period of four weeks from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Saharsa/concerned court, in connection with Bihra P.S.Case No.79 of 2025, subject to conditions as laid down under Section 482(2) of BNSS of 2023.
7. The learned district court is directed to verify the criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No.61525 of 2025(2) dt.10-09-2025 3/3 petitioner is involved in some other cases as what has been stated in paragraph No.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) chn/- U T