Durgesh Kumar Jha @ Durgesh Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Durgesh Kumar Jha @ Durgesh Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur/concerned Court in connection with Lakhanour P.S. Case No.158 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issue for consideration

Whether the petitioner, who apprehends arrest in Lakhanour P.S. Case No.158 of 2025 instituted under Sections 126(2), 115(2), 109, 303(2), 76, 351(2), 352 & 3(5) of the B.N.S., 2023, should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender before the Court below within six weeks, the petitioner is to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur/concerned Court, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio / Principle

The grant of bail rests on the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the allegation levelled against the petitioner, and the young age of the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail — granted. Petitioner, arraigned in Lakhanour P.S. Case No.158 of 2025 (Thana Lakhnaur, District Madhubani) under Sections 126(2), 115(2), 109, 303(2), 76, 351(2), 352 & 3(5) of the B.N.S., 2023, where the prosecution alleges that named accused including the petitioner abused the informant demanding compromise and, at the order of co-accused Lal Bahadur Shastri, co-accused Durgesh Jha assaulted her with a sharp cutting weapon, besides tearing her clothes and snatching a mangalsutra worth Rs.60,000/-, was held entitled to release: in the event of arrest or surrender before the Court below within six weeks, he is to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur/concerned Court, subject to the conditions in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Court considered the nature of the allegations, counsel's submissions (including the plea of false implication, a case and counter case between neighbouring parties, simple injuries, and the petitioner's young age of 21 years with one criminal antecedent in which he is on bail), over the State's opposition.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31127 of 2026

Arising Out of PS. Case No.-158 Year-2025 Thana- LAKHNAUR District- Madhubani

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Durgesh Kumar Jha @ Durgesh Jha S/o Late Santosh Jha, R/o Village - Baliya, Post - Umri, Police station - Lakhnaur, District - Madhubani

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER

2 07-05-2026

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in connection with Lakhanour P.S. Case No.158 of 2025 instituted under Sections 126(2), 115(2), 109, 303(2), 76, 351(2), 352 & 3(5) of the B.N.S., 2023.

As per the prosecution case, all the named accused persons including the petitioner entered into the courtyard of informant and started abusing and told to compromise the case, otherwise the outcome will be bad. On protest, at the order of co-accused Lal Bahadur Shastri, co-accused Durgesh Jha assaulted the informant by means of sharp cutting weapon over her head causing injury. It is alleged that co-accused Lal Bahadur Shastri tore the clothes of informant and snatched

Patna High Court CR. MISC. No.31127 of 2026(2) dt.07-05-2026 2/3

mangalsutra worth Rs.60,000/-.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that both the parties are neithbour and due to prior existing dispute, a scuffle took place between the parties, in which both the parties sustained injuries and there is case and counter case between the parties. Learned counsel submits that the injuries to the injured is simple in nature and does not corroborate with the allegation as alleged in the F.I.R. He further submits that petitioner is a young boy of 21 years, having one criminal antecedent, in which he is on bail and he undertakes to cooperate in the investigation and trial of the case.

Learned A.P.P. for the State opposes the prayer for anticipatory bail.

Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation leveled against the petitioner as well as the young age of petitioner, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur/

Patna High Court CR. MISC. No.31127 of 2026(2) dt.07-05-2026 3/3

concerned Court in connection with Lakhanour P.S. Case No.158 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J)

Ritik/-

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