Prabhat Kumar Jha @ Prabhat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2733 of 2023 Arising Out of PS. Case No.-394 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== PRABHAT KUMAR JHA @ PRABHAT KUMAR Son of Late Pawan Kumar Jha Resident of village - Keel, Post - Garhara, P.S.- Barauni (Garhara O.P.), District - Begusarai, Presently Resident of village - Badalpura, P.S.- Matihani, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam For the Opposite Party/s :
Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-06-2023 Heard the parties.
The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 307, 427, 34 of the Indian Penal Code.
As per the allegation, the petitioner along with others armed with weapons went to the house of informant and brutally assaulted his son and other family members due to which they sustained injuries.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.2733 of 2023(3) dt.19-06-2023 2/2 omnibus in nature. There is an admitted land dispute between the parties. There is a case and counter-case between the parties and both sides have sustained injuries. He further submits that from the perusal of the injury report (enclosed in case-diary) it is clear that the injuries simple in nature. Petitioner has no criminal antecedent.
Learned APP for the State opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Barauni (Garhara O.P.) P.S. Case No.394 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Anjani Kumar Sharan, J) shikha/- U T