Uday Shankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 10365 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== 1.

Uday Shankar Jha S/O Pitamber Jha Resident of Village- Rampur Maheshpur, P.S.- Tajpur, District- Samastipur, Bihar 2.

Chintu Jha @ Chintu Kumar Jha @ Chintu Kumar S/O Uma Shankar Jha Resident of Village- Rampur Maheshpur, P.S.- Tajpur, District- Samastipur, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11182 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Md. Mustakim Miya @ Md. Mustquim Ansari @ Mustakim Miyan @ Md. Mostak Son of Rauf Miya @ Md. Raufam Resident of Village - Ramapur Maheshpur, P.S. - Tajpur, District - Samastipur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 10365 of 2025) For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 11182 of 2025) For the Petitioner/s :

Mr.Mukesh Kumar Thakur For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 09-05-2025 Both the criminal miscellaneous applications are arisen out of the same occurrence and as such, both are being disposed of by passing this common order.

2. Heard learned counsel for the petitioners and

Patna High Court CR. MISC. No. 10365 of 2025(3) dt.09-05-2025 2/3 learned APP for the State.

3. The petitioners have prayed for bail in a case instituted for the offence under Sections 115(2), 191(2), 191(3), 190, 118(2), 117(2), 109, 352, 351(2), 126(2) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

4. As per allegation in the FIR, when the informant was sawing wheat seeds in his land, several accused persons including these named petitioners assaulted the informant and his brother Md. Aslam due to which they became injured and they were given treatment at Sadar Hospital, Samastipur. Reason behind the occurrence is that accused persons want to grab the land of the informant by applying force.

5. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. There is case and counter case between the parties. Alleged occurrence took place due to land dispute. No specific overt act of assault is attributed to the petitioners in the FIR. After completion of investigation, chargesheet has been submitted. Petitioners have got no criminal antecedent and they are languishing in judicial custody for more than four months. .

6. The application for bail is opposed by learned APP for the State.

Patna High Court CR. MISC. No. 10365 of 2025(3) dt.09-05-2025 3/3

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned CJM, Samastipur in connection with Tajpur P.S. Case No. 266 of 2024.

(S. B. Pd. Singh, J) sushma/- U