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Patna High CourtCR. MISC./12059/2023allowed

Raman Jha @ Ramanji Jha v. The State Of Bihar

2023-05-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12059 of 2023 Arising Out of PS. Case No.-219 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== RAMAN JHA @ RAMANJI JHA S/O Shobha Narayan Jha R/O VillageRasidpur, P.S- Bahera, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baidya Nath Prasad, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP For the Informant :

Mr.Sanjeev Kumar Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 341, 323, 324, 307, 302 of the IPC.

Allegedly, the F.I.R. named accused persons including the petitioner is said to have brutally assaulted the son of the informant and his friends due to which the son of the informant died during course of treatment.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is not named in the F.I.R. and has no criminal antecedent. It is

Patna High Court CR. MISC. No.12059 of 2023(2) dt.18-05-2023 2/2 submitted that one of the injured person namely Shailesh Jha disclosed the name of petitioner that petitioner had caught hold of the deceased and other injured person. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail but has not denied the fact that petitioner has only caught hold the deceased.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Manigachhi (Bajitpur O.P.) P.S. Case No.219/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T