Shyam Murari Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6161 of 2025 Arising Out of PS. Case No.-71 Year-2024 Thana- GHATHO District- Samastipur ====================================================== Shyam Murari Jha S/o- Ashok Kumar Jha Resident of Village- Musapur PSGhatho District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Bhushan Prasad, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-03-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ghatho Police Station Case No. 71 of 2024, disclosing offences under Sections 126(2), 115(2), 118(1), 109, 352, 351(3), 3(5) of the B.N.S., 2023.

3. As per the first information report, on 28.10.2024 at about 7:30 A.M. in the morning while the informant was returning towards his home, the petitioner along with other accused assaulted him and on the order of co-accused Ashok Kumar Jha, petitioner inflicted knife blow on the informant due to which informant sustained injury near his left ear.

4. Learned Counsel for the petitioner submits that both the parties are co-villagers and there was a dispute between them on the ground of blowing of the loudspeaker in high

Patna High Court CR. MISC. No.6161 of 2025(3) dt.17-03-2025 2/2 volume during pooja. He further submits that the allegation against the petitioner is that he inflicted the knife blow on the informant but from perusal of the injury report at Annexure-P/2, it would be evident that the informant has sustained simple injury caused by hard and blunt substance.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers, the petitioner is having no criminal antecedent and injury caused to the informant is simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, 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 Additional Chief Judicial Magistrate-I, Dalsinghsarai, Samastipur, in connection with Ghatho P.S. Case No. 71 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) ajay/- U T