← Library
Patna High CourtCR. MISC./10179/2025bail granted

J. P. Singh @ Jay Prakash Sharma @ J. P. Sharma v. The State Of Bihar

2025-03-07Mr. Justice Jitendra Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10179 of 2025 Arising Out of PS. Case No.-171 Year-2024 Thana- SAHPUR District- Patna ====================================================== J. P. Singh @ Jay Prakash Sharma @ J. P. Sharma Son of Late Nasid Singh, Resident of Village - Bhagwatipur, P.S. - Shahpur, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hansraj, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-03-2025 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Shahpur P.S. Case No. 171 of 2024, dated 10.05.2024 registered for the offences punishable under Sections 341, 345(B), 323, 379, 447, 504, 506 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Ld. counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the altercation has admittedly taken place on account of removal of the vehicle from parking leading to simple injury on both sides and lodging of case and counter case. He further submits that the petitioner's side has also lodged Shahpur P.S. Case No. 172 of 2024 registered for

Patna High Court CR. MISC. No.10179 of 2025(2) dt.07-03-2025 2/3 offence punishable under Sections 341, 323, 379, 504, 506 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act, against the informant's side.

4. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

5. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.

6. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

7. Considering the simple nature of altercation and case and counter case, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. Sub-Divisional Judicial Magistrate, Danapur, in connection with Shahpur P.S. Case No. 171 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions: (i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.10179 of 2025(2) dt.07-03-2025 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) ravishankar/- U T