CR. MISC./55551/2026 of Aman Kumar Jha @ Bambam Jha Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner apprehends arrest in connection with Kuseshwar Asthan P.S. Case No. 161 of 2026 lodged on 02.06.2026, for the offences punishable under sections 115(2), 126(2), 74, 109(1), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of Arms Act, 1959.

3. As per the prosecution, The FIR has been lodged against six named accused persons including the present petitioner with an allegation that on 21.05.2026, the petitioner along with other co-accused persons reached the house of the informant and started indiscriminate firing. It is further alleged that the petitioner and the other accused persons assaulted the informant's wife. Due to the terror created by the petitioner, no one came forward to rescue them. Furthermore, the accused persons threatened to kill the informant’s family and intimidated the people of the locality, warning that whosoever comes to their aid shall be killed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is submitted that the petitioner is an active political person who has contested the election for the post of Mukhiya twice, and the present case is a malicious prosecution arising out of sheer political rivalry. Learned counsel further submits that from a bare perusal of the contents of the FIR, it becomes crystal clear that the alleged occurrence is said to have taken place on 21.05.2026, whereas the case has been lodged on 02.06.2026, thereby reflecting an unexplained delay of about 10 days. It is further submitted that although there are 10 criminal cases lodged against the petitioner in the past, only 6 cases are pending against him at present. In the remaining cases, he has either been exonerated or the proceedings have been dropped. Learned counsel further submits that the informant's side belongs to a rival political faction, and the petitioner's name has been inserted under a deep-rooted conspiracy. It is also pointed out that to make the allegations appear grave, one more identical case has been lodged by an adjacent neighbor. The petitioner is not at risk of absconding and is ready to abide by all terms and conditions imposed by this Court.

5. Learned counsel for the informant, on the other hand, vehemently opposes the prayer for anticipatory bail. It is submitted that the petitioner is basically a criminal, which is clearly apparent from his long criminal antecedent. Learned counsel further submits that the petitioner is in the habit of creating terror in the locality, and it was solely due to his terror that he had previously won the election for Mukhiya. It is specifically argued that the informant's nephew had recently purchased a 'Hyva' (JCB) for doing business, which became the root cause of the dispute, as the petitioner and his associates started threatening them and demanding that they shut down their business.

6. Learned APP for the State opposes the prayer for bail, but fairly submits that there is a delay in the filing of the FIR and that the aspect of political rivalry has clearly emerged in the pleadings

7. As such, in the present facts and circumstances of the case, let the above-named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees Thirty Thousand only) as mentioned in ₹ Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the SDJM, Biraul, Darbhanga, in connection with the Kuseshwar Asthan P.S. Case No. 161 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with further conditions that:

(i) one of the bailors should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) The petitioner shall file an affidavit clearly stating that he is not absconding in any of the criminal cases pending against him whose details is mentioned below. The petitioner must also disclose the complete details and names of all such pending cases in the said affidavit.

1. Biraul P.S. case no 286 of 2019

2. Biraul P.S. case no 15 of 2020

3. Biraul P.S. case no 63 of 2020

4. Laheriya Sarai P.S. case no 77 of 2021

5. Kuseshwar Asthan P.S. case no 61 of 2021

6. Kuseshwar Asthan P.S. case no 62 of 2021

7. Biraul P.S. case no 257 of 2022

8. Biraul P.S. case no 26 of 2022

9. Biraul P.S. case no 287 of 2022

10. Kuseshwar Asthan P.S. case no 160 of 2026.

Manshi/- (Dr. Anshuman, J) U T