Mithu Jha Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.1049 of 2026

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Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN DistrictDarbhanga

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

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Mithu Jha S/O Vijay Chandra Jha @ Vijay Jha Resident of VillageHarinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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Hemkant Jha S/O Late Triveni Kant Jha Resident of Village- Harinagar, P.SKusheshwarsthan, District- Darbhanga.

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Srinath Jha @ Srikant Jha S/O Late Shiv Shankar Jha Resident of VillageHarinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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Namami Shankar Jha S/O Arun Jha Resident of Village- Harinagar, P.SKusheshwarsthan, District- Darbhanga.

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Guddu Jha S/O Uday Chandra Jha Resident of Village- Harinagar, P.SKusheshwarsthan, District- Darbhanga.

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Santosh Kumar Jha @ Santosh Jha S/O Late Jagdish Jha Resident of Village- Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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Raushan Jha S/O Jagarnath Jha Resident of Village- Harinagar, P.SKusheshwarsthan, District- Darbhanga.

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Prahlad Kumar Jha @ Prahlad Jha S/O Shyam Jha Resident of VillageHarinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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Anand Kumar Jha S/O Sumant Jha @ Subhash Jha Resident of VillageHarinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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... ... Appellant/s

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Versus

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The State of Bihar

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Asharfi Paswan S/O Late Saryug Paswan Resident of Village- Harinagar, P.S- Kusheshwarsthan, District- Darbhanga.

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... ... Respondent/s

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

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with

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CRIMINAL APPEAL (SJ) No. 1086 of 2026

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Arising Out of PS. Case No.-22 Year-2026 Thana- KUSHESHWARASTHAN DistrictDarbhanga

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

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Mahant Mishra S/o Late Shiv Shankar Mishra R/o Village - Harinagar, P.S - Kusheshwarsthan, District - Darbhanga

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Lala Mishra @ Lal Mishra S/o Late Shiv Shankar Mishra R/o Village - Harinagar, P.S - Kusheshwarsthan, District - Darbhanga

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Kashikant Jha @ Kashi Jha S/o Late Gopal Jha R/o Village - Harinagar, P.S - Kusheshwarsthan, District - Darbhanga

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... ... Appellant/s

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Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026 2/4

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Versus

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The State of Bihar

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Asharfi Paswan S/o Late Saryug Paswan R/o Village - Harinagar, P.S - Kusheshwarsthan, District - Darbhanga

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... ... Respondent/s

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====================================================== Appearance : (In CRIMINAL APPEAL (SJ) No. 1049 of 2026) For the Appellant/s : Mr. Subodh Kumar Jha, Advocate. Mr. Pranav Kumar Jha, Advocate. Mr. Chandra Mohan Jha, Advocate. For the Respondent/s : Mr.Usha Kumari 1 (In CRIMINAL APPEAL (SJ) No. 1086 of 2026) For the Appellant/s : Mr. Pranav Kumar Jha, Advocate For the Respondent/s : Mrs .Usha Kumari 1, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

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4 14-05-2026

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Heard learned counsel for the appellants, learned

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Special Public Prosecutor for the State and learned counsel for the respondent.

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The instant appeal has been filed by the appellants against the order dated 18.02.2026 passed by learned Exclusive Special Judge, SC/ST (POA) Act, Darbhanga whereby the prayer for bail of the appellants in connection with Kusheshwarsthan P.S. Case no. 22 of 2026 under Sections 126(2), 115(2), 109(1), 118(1), 118(2), 117(2), 74, 303(2), 324(5), 329(4), 191(2), 191(3), 190, 61(2) of B.N.S. and Sections 3(1) (r), 3(i)(s), 3(2)(v) of SC/ST (POA) Act was rejected.

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The case of the prosecution is that the wages of respondent’s son was remaining in one Hemkant Jha and on this

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Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026 3/4

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score, there was dispute. On 01.0.2026, the son of the respondent was returning after purchasing vegetables. It is alleged that the appellant along with other 69 named persons and 100-150 unknown persons assaulted the son of the respondent with rod, farsa, dabiya and brick. It is further alleged that he was being abused with the caste name. It is further alleged that Foolkant Jha ordered to kill and on his order, Hemkant Jha, Srikant Jha and others have assaulted with iron rod on the head of the respondent’s son.

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It is submitted by learned counsel for the appellants that appellants have been falsely implicated in this case. From perusal of the FIR, it is clear that seventy accused persons are named and 100-150 accused persons are unnamed. From perusal of the injury report of the Vikram Paswan, it appears that, he has received one injury. He has further submitted that if for a moment, it is taken that the injury received by the son of the respondent is grievous, in that case also, the nature of allegation is general and omnibus. He further submits that similarly situated co-accused namely, Laipit Jha has been granted bail by this Court vide Cr. Appeal (SJ) No. 850 of 2026. Moreover, a statement has been made in para-3 of this petition that the appellants have got no criminal antecedent and they are

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Patna High Court CR. APP (SJ) No.1049 of 2026(4) dt.14-05-2026 4/4

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languishing in judicial custody since 01.02.2026.

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The appeal for bail is opposed by learned Spl. P.P. for the State and learned counsel for the respondent and has submitted that in this case, a mob has assaulted the members of the SC/ST community which is apparent from the order of the learned trial court.

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Having heard learned counsel for the parties and taking into consideration that there is no any specific overt act against the appellants, the Court is inclined to allow this appeal. Accordingly, the appeal is allowed and the impugned order dated 18.02.2026 is hereby set aside.

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The appellants are directed to be enlarged on bail in connection with Kusheshwarsthan P.S. Case No. 22 of 2026 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, SC/ST (POA) Act, Darbhanga.

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(Ashok Kumar Pandey, J)

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Sudhanshu/-

Mithu Jha v. The State of Bihar

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Mithu Jha v. The State of Bihar

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