Munna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8961 of 2024 Arising Out of PS. Case No.-221 Year-2017 Thana- KATORIYA District- Banka ====================================================== 1.

MUNNA JHA Son of Raj Govind Jha Resident of Village-Narayanchak, Police Station-Katoriya, District-Banka.

2.

SHAKTI JHA Son of Brahamchari Jha Resident of Village-Narayanchak, Police Station-Katoriya, District-Banka.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-02-2024

1. Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioners are named in F.I.R. and apprehending their arrest in connection with Katoriya P.S. Case No. 221 of 2017, registered for the offences punishable under Sections 341, 323, 324, 307, 354, 504/34 of the Indian Penal Code.

3. The allegation against above named petitioners is to assault informant and family members by using axe, farsa and

Patna High Court CR. MISC. No.8961 of 2024(2) dt.22-02-2024 2/3 sword alongwith other co-accused persons, causing head and bodily injuries, where occurrence is arises out of monetary disputes.

4. Learned counsel appearing on behalf of the petitioners submitted that informant is the neighbour of petitioners, where allegation regarding assault is appearing very much general and omnibus against petitioners, rather same is appearing specific against co-accused Kalicharan Jha, who is not the petitioners. It is pointed out that petitioners are men of clean antecedents and moreover, matter has been compromised between the parties.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as allegation qua physical assault is not available against petitioner rather same is specific against co-accused, Kalicharan Jha, accordingly, all above named petitioners, in the event of their arrest or surrender before the learned trial Court, within a period of four weeks of the order, are directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Banka/concerned Court, where the case is pending in connection with Katoriya

Patna High Court CR. MISC. No.8961 of 2024(2) dt.22-02-2024 3/3 P.S. Case No. 221 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T