Patna High CourtCR. MISC./1559/2015bail granted

Kamlesh Jha v. The State Of Bihar

2015-01-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 1559 of 2015 Arising out of P. S. Case No. - 111 Year - 2014 Thana - KHANPUR District - SAMASTIPUR ====================================================== Kamlesh Jha, S/o Late Umakant Jha, Resident of Village - Shripur Gahar, P.S. - Khanpur, District - Samastipur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Jitendra Narayan Sinha, Advocate For the Opposite Party : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-01-2015 Heard both sides.

The petitioner Kamlesh Jha seeks regular bail in Khanpur P.S. Case No. 111 of 2014 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code.

The informant Pawan Kumar Jha alleged that the petitioner assaulted him with Khanti. The first blow hit on the hand and second blow on the leg.

Learned counsel for the petitioner submits that Baidyanath Jha gave his fardbeyan on 30.06.2014 on the basis of which Khanpur P.S. Case No. 91 of 2014 was registered on 08.07.2014. The informant Pawan Kumar Jha alleged that the occurrence took place on 30.06.2014 but he filed the complaint petition on 09.07.2014 which was sent for registration under

Patna High Court Cr.Misc. No.1559 of 2015 (2) dt.15-01-2015 Section 156(3) of the Cr.P.C. and thereafter the present First Information Report was lodged on 18.08.2014. There is no injury report on the record.

Considering the facts that after ten days of the occurrence the informant filed complaint case without any injury report and the allegation against the petitioner that he gave Khanti blow on hand and leg, petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Samastipur in connection with Khanpur P.S. Case No. 111 of 2014.

Kundan/- (Prabhat Kumar Jha, J) U T