Indra Shekhar Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3203 of 2017 Arising Out of PS.Case No. -304 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================
1. Indra Shekhar Jha, son of Late Bishambhar Jha,
2. Manikant Jha, son of Late Bishambhar Jha,
3. Sonu Jha @ Sonu Kumar Jha, son of Indra Shekhar Jha,
4. Sudarshan Kumar Jha @ Sudarshan Jha, son of Indra Shekhar Jha, All are resident of Village- Mazauna, P.S. - Tajpur, District - Samastipur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Ajay Thakur, Advocate Mr. Nilesh Kumar, Advocate Mr. Shashank Shekhar, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 323, 324, 307, 379 and 34 of the Indian Penal Code.
Heard learned counsel for the petitioners.
It has been submitted on behalf of the petitioners that as per F.I.R. there is omnibus allegation against the petitioners. Injury reports (Annexures-5 and 6) show that injuries are simple in nature. Nine months prior to the occurrence petitioner Sudarshan Kumar Jha lodged a complaint (Annexure-4 to the petition) against the informant and others and for that informant misbehaved and abused petitioner no. 4 and asked him to withdraw the complaint petition. Another complaint ( Annexure-3
Patna High Court Cr.Misc. No.3203 of 2017 (2) dt.08-02-2017 2/2 to the petition) was also filed by petitioner no. 3 against the informant.
Heard learned A.P.P. also.
Heard both sides. From perusal of the record it appears that earlier to the present application, two complaint petitions were filed by the petitioners, there is omnibus allegation against the petitioners and injuries are simple in nature, let above named petitioners, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) each with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Samastipur, in connection with Tajpur (waini) P.S. Case no. 304/2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that bailors should be local having property within the jurisdiction of the court concerned and petitioners shall cooperate in the investigation and make themselves available before the police as and when required. (Vinod Kumar Sinha, J) sudip/- U T