Bhim Shankar Jha @ Tun Tun Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Bhim Shankar Jha @ Tun Tun Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks from the date of order, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No.770 of 2024, subject to the condition under Section 482(2) BNSS and with one bailor to be an own/close family member of the petitioner.

Issue for consideration

Whether the petitioner, apprehending arrest in Supaul P.S. Case No.770 of 2024 for offences punishable under Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted having regard to the delay in lodging the FIR, the contradiction between the FIR and the restatement of the informant, and the fair antecedents of the petitioner.

Ratio / Principle

Petitioner directed to be released on bail in the event of his arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul, in connection with Supaul P.S. Case No.770 of 2024.

Key takeaways

Bail is subject to the condition laid down under Section 482(2) of the BNSS, with the further condition that one of the bailors shall be an own/close family member of the petitioner.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail granted (Patna High Court, Harish Kumar, J, order dated 11-11-2025): petitioner Bhim Shankar Jha @ Tun Tun Jha, apprehending arrest in Supaul P.S. Case No.770 of 2024 (Sections 126(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS — alleged encirclement of the informant's house and axe assault causing grievous injury, with allegation of snatching of valuables), directed to be released on bail in the event of arrest or surrender before the learned Court below within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul. Grounds: delay in lodging the FIR (occurrence 20.11.2024; FIR instituted 23.11.2024 without explanation), contradiction between the FIR and the restatement of the informant (axe blow alleged only on restatement, while the injury was found caused by a hard and blunt substance, though grievous), and the fair antecedents of the petitioner; parties are agnates with an ongoing land dispute. Bail subject to the condition under Section 482(2) of the BNSS, with one bailor to be an own/close family member of the petitioner.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43481 of 2025

Arising Out of PS. Case No.-770 Year-2024 Thana- SUPAUL District- Supaul

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

Bhim Shankar Jha @ Tun Tun Jha, S/o Bageshwar Jha R/O Village- Baruari, ward no. 3, PS and District- Supaul, Bihar-852110

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Adv. For the Opposite Party/s : Mr. Manoj Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

3 11-11-2025

Heard learned Advocate for the petitioner and learned

APP for the State.

The petitioner apprehends his arrest in connection with Supaul P.S. Case No.770 of 2024 registered for the offences punishable under Sections 126,(2), 115(2), 109, 303(2), 352, 351(2) and 3(5) of the BNS.

Allegedly, on the fateful day, all the FIR named accused persons, including the petitioner encircled the house of the informant and brutally assaulted him by means of axe, due to which he sustained serious injury. There is further allegation of snatching valuables.

Learned Advocate for the petitioner referring to the FIR has contended that besides the fact that with regard to an alleged occurrence, which took place on 20.11.2024, the present

Patna High Court CR. MISC. No.43481 of 2025(3) dt.11-11-2025 2/3

FIR came to be instituted on 23.11.2024, without there being any explanation. However, subsequent to the institution of the FIR, when the restatement of the informant was made, he has specifically stated that it is the petitioner who had given axe blow over his head, due to which he sustained injury. The injury also however does not corroborate the prosecution case, inasmuch as the same has been found to be caused by hard and blunt substance; though grievous in nature. The petitioner is a man of fair antecedent and moreover the parties are agnates and there is ongoing land dispute, resulting into scuffle, leading to some unfortunate injury.

On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that it is the petitioner who caused grievous injury to the informant.

Having considered the submissions set forth by the learned Advocate for the respective parties and considering the delay in lodging of the FIR, coupled with the contradiction between the FIR and the restatement of the informant, besides the fair antecedent of the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.43481 of 2025(3) dt.11-11-2025 3/3

thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Supaul in connection with Supaul P.S. Case No.770 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J)

rohit/-

U T