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2026 DAILYLAW 8156 (PAT)

Shankar Jha v. The State of Bihar

CR. MISC./18922/2026 · 2026-04-16

Anil Kumar Sinha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18922 of 2026 Arising Out of PS. Case No.-89 Year-2024 Thana- MADHEPUR District- Madhubani ====================================================== 1. Shankar Jha S/O Late Tilkeshwar Jha R/O Vill.- Mahisham, P.S.- Madhepur, Dist.- Madhubani. 2. Sonu Jha @ Deepak Kumar Jha S/O Shankar Jha R/O Vill.- Mahisham, P.S.- Madhepur, Dist.- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Piyush Kumar Pandey For the Opposite Party/s : Ms.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-04-2026 1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Madhepur Police Station Case No. 89 of 2024, dated 10.07.2024, disclosing offences punishable under Sections 126(2)/115/76/303(2)/352/351(2)/3(5) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that on 07.07.2024, at about 3 PM, while the informant was in her mango orchard, the petitioners, who are the owners of the orchard situated adjacent to the informant's orchard, started plucking the mangoes from the orchard. Patna High Court CR. MISC. No.18922 of 2026(2) dt.16-04-2026 2/3 On protest, the petitioners started abusing her, pulled her by her hair and touched her body with bad intent. The petitioners also snatched gold chain and nose pin of the informant. 4. Learned Counsel for the petitioners submits that the present First Information Report has been lodged due to land dispute between the parties inasmuch as a portion of the land, measuring 5 kathas was sold by the petitioner no. 1 in favour of the informant’s father by way of registered sale deed, retaining 1.5 kathas of land on which the mango orchard of the petitioners is situated. The occurrence has taken place on the issue of plucking mangoes from the orchard of the petitioners. The police, during investigation, granted privilege of Section 35 (iii) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 41-A of the Code of Criminal Procedure, 1973) to the petitioners. 5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the nature of allegation and the fact that there is land issue between the parties and the petitioners were given the benefit of Section 35 (iii) of the Bharatiya Nagarik Suraksha Patna High Court CR. MISC. No.18922 of 2026(2) dt.16-04-2026 3/3 Sanhita, 2023 and they co-operated in the investigation, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani, in connection with Madhepur Police Station Case No. 89 of 2024, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √