Anil Jha @ Anil Kumar Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5716 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -PIRPAINTI District- BHAGALPUR ======================================================
1. Anil Jha @ Anil Kumar Jha son of Late Janardan Jha
2. Digamber Jha son of Late Janardan Jha
3. Dharmendra Jha son of Late Janardan Jha
4. Mithu Jha @ Mithu Kumar Jha son of Sri Anil Jha
5. Sintu Jha @ Saurabh Kumar Jha son of Sri Anil Jha
6. Sandeep Jha @ Sandeep Kumar Jha son of Sri Anil Jha All resident of village- Simanpur, P.S.- Pirpainty Dist.- Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 22-02-2016 Heard Sri Vivekanand Vivek, learned counsel for the petitioners and learned A.P.P.
Six petitioners, apprehending their arrest in connection with Pirpainty P.S. Case No. 43 of 2015 registered for the offence under Section 341/323/324/308/504/34 of the Indian Penal Code have prayed for grant of anticipatory bail. It was submitted by learned counsel for the petitioners that since the informant's side were trying to forcibly occupy the land of the petitioners' side the occurrence had taken place and in the said occurrence the informant's side were the aggressors and as such on the same day an F.I.R. was lodged from the petitioners
Patna High Court Cr.Misc. No.5716 of 2016 (3) dt.22-02-2016 2/2 side vide Pirpainty P.S. Case No. 42 of 2015 for the offence under Section 307 and other allied Sections of the Indian Penal Code. He submits that only with an view to create a defence the informant's side has lodged the present F.I.R. Besides hearing I have perused the material on record. In view of the facts and circumstances the court is of the opinion that it is a fit case for grant of anticipatory bail. Accordingly in the event of arrest or surrender within a period of six weeks from today let the petitioners Anil Jha @ Anil Kumar Jha, Digamber Jha, Dharmendra Jha, Mithu Jha @ Mithu Kumar Jha, Sintu Jha @ Saurabh Kumar Jha, Sandeep Jha @ Sandeep Kumar Jha be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Pirpainty P.S. Case No. 43 of 2015 under the conditions as contemplated under Section 438(2) of the Code of Criminal Procedure 1973.
(Rakesh Kumar, J) Praful/- U T