Jitmohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8811 of 2022 Arising Out of PS. Case No.-108 Year-2021 Thana- BAKHTIARPUR District- Saharsa ====================================================== Jitmohan Jha Son of Late Baidyanath Jha Resident of Village - Baghwa, P.s.- Bakhtiyarpur (Balwa Hat O.P.), Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Bakhtiyarpur P.S. Case No.108 of 2021 registered for the offence under Sections 341, 323, 324, 307, 504 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 26.11.2021.

It is alleged that accused/petitioner alongwith coaccused assaulted the informant with knife.

Patna High Court CR. MISC. No.8811 of 2022(2) dt.07-06-2022 2/3 Learned counsel appearing on behalf of the petitioner submitted that the occurrence took place in the backdrop of sharing of donation money of temple for which case and counter case has been lodged. While arguing over the matter, it is further submitted that petitioner cannot be said to be under intention to kill for the simple reason that the knife blow has not been repeated without intervening circumstances. It is further submitted that petitioner is a man of clean antecedent and chargesheet in this case has already been submitted, as such there is no chance of tampering with the evidence. Learned APP appearing on behalf of the State fairly conceded the chargesheet in this case has already been submitted, as such there is no chance of tampering with the evidence.

Considering the facts and circumstances as mentioned above, the nature of accusation and as there is no repetition of blow without having any intervening circumstances, let the petitioner, above named, is directed to be released on bail in connection with Bakhtiyarpur P.S. Case No.108 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa, subject to the

Patna High Court CR. MISC. No.8811 of 2022(2) dt.07-06-2022 3/3 following condition:

"That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother."

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