IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48203 of 2025 Arising Out of PS. Case No.-535 Year-2024 Thana- MADHUBANI TOWN District- Madhubani ======================================================

Pankaj Jha @ Vivekananda Jha S/O Bhup Narayan Jha R/O Village-

Laknanpatti, P.S- Town, District- Madhubani.

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, A.P.P. For the Informant : Mr. Baidyanath Thakur, Advocate Mr. Kaushik Deo, Advocate Ms. Katyayani Jha, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 24-02-2026 1. Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 115(2), 117(2), 118(2), 109, 126(2), 191(2), 191(3), 190, 303(2) and 352 of the BNS and subsequently Section 103 of the BNS was added.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 23.11.2024, at 07:30 a.m., all the accused persons including the petitioner came in the courtyard of the informant variously armed and started abusing. On protest, on orders of Bau Jha, accused petitioner assaulted the elder brother of the informant Vasisth Narayan Jha by farsa causing injury on head.

Thereafter, he fell when other accused assaulted him by lathi. It is next alleged that Chandan Jha assaulted the nephew of the informant Mukesh Jha by an iron rod causing injury on his temple. Further, Lalani Kant Jha assaulted Samir Jha by farsa and Kundan Jha and Nandan Jha also assaulted Samir Jha by an iron rod causing injury on his shoulder. It is next alleged that Lalani Kant Jha along with Vishnu Kant Jha caught the informant’s sister and Keval Jha assaulted her by an iron rod causing fracture of finger. Thereafter, on order of Bau Jha, Ram Nath Jha sprinkled kerosene oil on the house of the informant and Keval Jha set the house on fire. Thereafter, all the accused persons snatched gold chain of Mukesh Jha and Pan Devi and Rs.2,500/- from the pocket of Samir Jha.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is in custody since 22.04.2025. It is further submitted that from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that petitioner assualted Vasisth Narayan Jha by farsa causing injury on head and when he fell other accused assaulted him by lathi. It is next submitted that farsa is a sharp aged weapon but then the injury caused on head has been opined to be caused by hard and blunt substance. It is also submitted that no doubt, Vasisth Narayan Jha died on 25.11.2024 but then the injury has not been found to be inflicted by farsa. It is farily submitted that trial has commenced and one witness has been examined.

5. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

6. Learned counsel appearing on behalf of the informant also opposes the prayer for regular bail of the petitioner and submits that since niece of the informant married a scheduled caste person which grieved the side of the petitioner on account of which the occurence took place. It is further submitted that no doubt, it is alleged that petitioner assaulted Vasisth Narayan Jha by farsa causing injury on head and the injury has been opined to be caused by hard and blunt substance but then farsa has both the sides blunt side and the sharp side. It is next submitted that from perusal of the injury report, it would manifest that Vasisth Narayan Jha suffered only one injury on head, though the blow was not repeated but the sam