Disposed¶22

Radhakant Jha v. The State of Bihar

Patna HC16 Oct 2025CR. MISC./41513/2025

Case brief

AI extract

What is this about?

Radhakant Jha; Bahera P.S. Case No. 114 of 2025; Thana Bahera; District Darbhanga; pre-arrest bail / anticipatory bail; BNS Sections 126(2), 115(2), 118(1), 109, 3(5); injury verification grievous or simple; ACJM Benipur; bail bond Rs. 10,000 with two sureties; Section 438(2) Cr.P.C; Section 482(2) BNSS; criminal antecedent verification; CR. MISC. No.41513 of 2025; Purnendu Singh, J; Patna High Court; 16-10-2025.

What did the court decide?

Conditional pre-arrest bail direction: release on pre-arrest bail within four weeks if the injury verified by the District Court is simple; if the injury is grievous, the petitioner may surrender and seek regular bail; contingent on verification of the petitioner's criminal antecedents, failing which the order automatically loses its force. ¶22

Radhakant Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

¶22

Issue for consideration

Whether the petitioner, named accused in Bahera P.S. Case No. 114 of 2025 registered under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS, should be granted pre-arrest bail.

¶15

Court's answer

The learned District Court was directed to verify the injury attributable to the petitioner; if the injury sustained by the informant is found to be grievous in nature, the petitioner may surrender and seek regular bail.

¶20

Ratio / Principle

If the injury sustained by the informant is found to be simple in nature, the petitioner is to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipur, Darbhanga, subject to the conditions laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

¶20

Key takeaways

The District Court was further directed to verify the criminal antecedents of the petitioner; if he is found to be involved in other cases as stated in Para 3 of the bail petition, the present order will automatically lose its force.ratio¶21

Detailed headnote1 paragraphs

Pre-arrest bail - disposed of conditionally. Considering the nature of the allegation (assault on the informant causing head injury with intent to kill) in Bahera P.S. Case No. 114 of 2025 (Sections 126(2), 115(2), 118(1), 109 and 3(5) BNS), the High Court directed the District Court to verify the injury attributable to the petitioner: if the informant's injury is grievous, the petitioner may surrender and seek regular bail; if simple, he is to be released on pre-arrest bail upon arrest or surrender within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM, Benipur, Darbhanga, subject to Section 438(2) Cr.P.C / 482(2) BNSS conditions. The order was additionally conditioned on District Court verification of the petitioner's criminal antecedents; involvement in other cases as stated in Para 3 of the bail petition would cause the order to automatically lose its force.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41513 of 2025

¶2

Arising Out of PS. Case No.-114 Year-2025 Thana- BAHERA District- Darbhanga

¶3

======================================================

¶4

Radhakant Jha S/o- Late Pramod Jha Village- Basuham, P.S. Bahera, DistrictDarbhanga

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

======================================================

¶10

Appearance : For the Petitioner/s : Mr.Nafisuzzoha, Advocate. For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP. ======================================================

¶11

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

¶12

ORAL ORDER

¶13

3 16-10-2025

¶14

Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

¶15

The petitioner seeks pre-arrest bail in connection with Bahera P.S. Case No. 114 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 109 and 3(5) of the BNS.

¶16

As per the allegation made in the F.I.R., all the accused persons including the petitioner with an intention to kill assaulted the informant causing head injury.

¶17

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and he has committed no offence as alleged. The allegation against him is false and fabricated.

¶18

Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

¶19

Patna High Court CR. MISC. No.41513 of 2025(3) dt.16-10-2025 2/2

¶20

Considering the nature of allegation made against the petitioner, the learned District Court is directed to verify the injury attributable to the petitioner and if it is found that the injury sustained by the informant is grievous in nature, the petitioner may surrender and seek regular bail or if it is found that the injury sustained by the informant is simple in nature , then in that case, the petitioner, above named, be released on pre-arrest bail, in the event of his arrest or surrender before the Court below 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 ACJM, Benipur, Darbhanga in connection with Bahera P.S. Case No. 114 of 2025, subject to the condition as laid down under Section 438(2) Cr.P.C / 482(2) BNSS.

¶21

The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

¶22

The bail application stands disposed of.

¶23

(Purnendu Singh, J)

Radhakant Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Radhakant Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Bablu Yadav @ Bablu Kumar Yadav Vs The State of Bihar

Chinta Devi Vs The State of Bihar

Saket Kumar @ Saket Kumar Das @ Saket Das Vs The State of Bihar

Vikash Kumar Vs The State of Bihar

Munni Devi @ Muni Devi Vs The State of Bihar

Dinesh Sahni @ Dinesh Kumar Vs The State of Bihar