Chandan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4299 of 2025 Arising Out of PS. Case No.-67 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== Chandan Jha S/o Baban Kumar Jha @ Baban Jha R/o Village- Teoth, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh For the Opposite Party/s :
Mr. Ram Anurag Singh For the Informant :
Mr. Pushpendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-02-2025
1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120(B) of the Indian Penal Code, read with Section 27 of the Arms Act.
3. Learned counsel appearing on behalf of the petitioner submits that petitioner had earlier moved this Court seeking regular bail by filing Criminal Miscellaneous No. 11677 of 2022 and the same came to be rejected by an order dated 11.04.2023, it is next submitted that thereafter several accused persons approached this Court and some of them were granted
Patna High Court CR. MISC. No.4299 of 2025(2) dt.14-02-2025 2/3 anticipatory bail and some regular bail. It is next submitted that from perusal of Annexures 3, 4 and 5 to the bail application, it would manifest that Vivek Kumar Singh, Surjeet Kumar Singh Manoj Jha, Musafir Singh, Jhunna Singh, Bhav Narayan Jha and Shiveshwar Bharti have been granted the privilege of anticipatory bail and regular bail. It is also submitted that recently Praveen Jha was granted the privilege of regular bail by an order dated 31.01.2025 in Criminal Miscellaneous No. 4261 of 2025. It is further submitted that petitioner is in custody since 07.04.2021. It is next submitted that altogether there are 28 charge sheet witnesses out of whom only four charge sheet witnesses till date have been examined.
It is next submitted that if privilege of regular bail is granted to the petitioner, petitioner will not abscond rather will cooperate in the trial to prove his innocence. It is also submitted that from perusal of the allegation as alleged in the FIR, it does not appear probable that the informant with such precision could have identified and alleged that who assaulted whom and by what and where.
4. Learned A.P.P. for the State and the learned counsel appearing on behalf of the informant oppose the prayer for bail of the petitioner.
5. Considering the submissions made by the learned
Patna High Court CR. MISC. No.4299 of 2025(2) dt.14-02-2025 3/3 counsel for the petitioner, the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 50,000/- (Rupees Fifty Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor court in connection with Benipatti P.S. Case No. 67 of 2021.
6. One of the bailors of the petitioner shall be his father, Baban Kumar Jha @ Baban Jha.
7. It is made clear that if the learned Trial Court comes to a conclusion that petitioner, after his release, is trying to delay the trial in any manner in that event, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith after recording reasons.
(Satyavrat Verma, J) Rishabh/- U T