Subodh Jha @ Lalan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 8674 of 2024 Arising Out of PS. Case No.-212 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== SUBODH JHA @ LALAN JHA SON OF VISWANATH JHA R/O-KHOIR, P.S.-RAJNAGAR, DISTT.-MADHUBANI ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Gagandeo Yadav, Ravi Prakash, Rajesh Kr, Advocates For the Opposite Party/s :
Mr Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE KHATIM REZA ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2 The petitioner apprehends arrest in connection with Rajnagar PS Case No 212 of 2023 dated 01.08.2023 instituted under Sections 143, 341, 323, 324, 325, 379, 307, 504, 506 of the Indian Penal Code.
3 The allegation against the petitioner is that he hit on the head and right hand of the informant by means of sword with intention of killing her and when son of the informant, namely, Suman Kumar Jha came to her rescue, he was also assaulted by the co-accused Rahul Kumar Jha by means of Farsa. When Mani Bhushan Garg and Raushan Kumar Jha tried to save them, they were also assaulted by the petitioner and
Patna High Court CR. MISC. No.8674 of 2024(3) dt.08-05-2024 2/3 Rahul Kumar Jha by means of Farsa.
4 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that there is case and counter case. The petitioner also lodged a case against the informant being Raj Nagar PS Case No 211 of 2023 dated 01.08.2023 for alleged offences under Section 307 and other allied sections of IPC. It is also submitted that there is specific allegation against the petitioner that he assaulted with Farsa on the head of the informant as well as on Mani Bhushan Garg and Raushan Garg but the opinion of the doctor is that nature of injury is simple caused by hard and blunt substance. It is further submitted that the petitioner has no criminal antecedent.
5 Learned APP has opposed the prayer for bail. 6 Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Madhubani in Raj Nagar PS Case No 212 of 2023 dated 01.08.2023 subject
Patna High Court CR. MISC. No.8674 of 2024(3) dt.08-05-2024 3/3 to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
7 The application stands allowed.
(Khatim Reza, J) M.E.H./- U T