Ramesh Jha @ Mithan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13398 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== 1.

Ramesh Jha @ Mithan Jha S/o Late Babu Narayan Jha 2.

Manish Jha @ Manish Kumar S/o Ramesh Jha R/o Village - Kalyanpur, P.S. - Bibhutipur, Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

The petitioners seek bail in anticipation of his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 354B, 379, 427, 504 and 506 of the Indian Penal Code.

The learned counsel for the petitioners submit that petitioners are person with clean antecedent and the petitioners have been implicated falsely in the instant case on account of dispute relating to land.

It is further submitted that from perusal of the

Patna High Court CR. MISC. No.13398 of 2024(2) dt.19-03-2024 2/3 allegation as alleged in the FIR, it would manifest that as far as petitioner no.1 is concerned the allegation against him is of assaulting the brother-in-law (Debar of the informant) by lathi and the allegation against petitioner no.2 is of pulling the Sari of the informant. It is further submitted that though there is allegation of assaulting the Debar of the informant by the petitioner no.1, but then the FIR does not even remotely discloses that on which part of the body the petitioner no.1 assaulted by lathi. It is next submitted that allegation of pulling Sari by petitioner no.2 is ornamental in nature, when petitioners admittedly are person with clean antecedent and the dispute was with respect to a piece of land.

The learned APP opposes the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners, the petitioner above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Rosera, Samastipur in connection with Bibhutipur P.S. Case No.240 of 2023, subject to

Patna High Court CR. MISC. No.13398 of 2024(2) dt.19-03-2024 3/3 the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Satyavrat Verma, J) Prakash Narayan U T