Dhiraj Jha @ Dhiraj Kumar Jha @ Maujar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3521 of 2022 Arising Out of PS. Case No.-327 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== DHIRAJ JHA @ DHIRAJ KUMAR JHA @ MAUJAR JHA SON OF KAMLESHWAR JHA R/o village- Dubhaha, P.S.- Sakra, DistrictMuzaffarpur- 843104 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Section 307 and other allied sections of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, while the informant and his wife were returning home and reached near the house of Chandeshwar Sah, this petitioner alongwith other F.I.R. named accused persons made indiscriminate firing, as a result of which, wife of the informant sustained three bullet injury. It is submitted on behalf of petitioner that allegation of firing is general and omnibus in nature and no specific overt act has been alleged against this petitioner. It is further submitted that the date of occurrence is 30.05.2021, but F.I.R.

Patna High Court CR. MISC. No.3521 of 2022(3) dt.12-05-2022 2/2 has been lodged belatedly on 28.06.2021 without any plausible explanation of delay. Petitioner is in custody since 24.08.2021. Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation, period of custody and the fact that F.I.R. has been lodged after much delay i.e. 29 days, the bail petition of petitioner is allowed. Let the above named petitioner 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 A.C.J.M. - XII, Muzaffarpur in connection with Sakra P.S. Case No. 327 of 2021.

(Prabhat Kumar Singh, J) anay/- U T