Madhukant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18890 of 2021 Arising Out of PS. Case No.-268 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== 1.

Madhukant Jha S/O Mannu Jha R/O Village/Mohalla-Jariso, P.S-Bahera, District-Darbhanga.

2.

Abishek Jha S/O Manikant Jha R/O Village/Mohalla-Jariso, P.S-Bahera, District-Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kedar Jha For the Opposite Party/s :

Mr. A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 504, 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.18890 of 2021(2) dt.14-12-2021 2/3 The prosecution case as per F.I.R is that all the accused persons including the petitioners came and started abusing the informant. It is alleged that petitioner No. 1 assaulted with farsa which hit on the cheek of the informant and when nephew and son of the informant came to rescue, petitioner No. 2 and coaccused Santosh Jha assaulted with tengari on their head. When mother of the informant came to their rescue, she was also assaulted by the accused persons. It is submitted by learned counsel for the petitioners that there is counter version of the occurrence also and petitioners' side have also received injuries. Moreover, the injury reports of the informant's side have been brought on record as Annexure-3 series which shows the injuries to be simple in nature. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest

Patna High Court CR. MISC. No.18890 of 2021(2) dt.14-12-2021 3/3 or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga in connection with Bahera P.S. Case No. 268 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T