Sahjanand Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6487 of 2015 Arising Out of PS.Case No. -196 Year- 2014 Thana -NAUHATTA District- SAHARSA ======================================================
1. Sahjanand Jha
2. Abhiyanand Jha
3. Pabnand Jha @ Pawanand Jha .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Hira Jha For the Opposite Party/s : Mr. Ambika Bhagat(Spl. P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 307 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that after PACCS election, the accused persons made indiscriminate firing to create terror. It is submitted by learned counsel for the petitioners that admittedly as per the FIR, no injury was caused to anyone, nor the accusation of firing is specific against anyone and due to political rivalry, the accusation has been levelled.
Considering the nature of accusation, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten
Patna High Court Cr.Misc. No.6487 of 2015 (2) dt.19-02-2015 2/2 thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M., Saharsa in connection with Nawhatta P.S. Case No. 196 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bond of the petitioners will be accepted on filing of the affidavit by the petitioners before the learned court below to the effect that they will regularly co-operate in the investigation till conclusion of the investigation if it has already not been concluded. Non-co-operation in the investigation by the petitioners will give liberty to the learned court below to cancel the bail bonds of the petitioners. The bail bonds of the petitioners will also be cancelled if they substantially get involved in some serious nature of offence.
(Dinesh Kumar Singh, J) Amrendra/- U T