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Patna High CourtCR. MISC./11261/2018bail granted

Jangi Jha v. The State Of Bihar

2018-03-30Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11261 of 2018 Arising Out of PS.Case No. -182 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Jangi Jha, S/o Kanhaiya Jha @ Kanhiya Lal Jha, R/o Village- Sugiya Katsari, P.S.- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 18.12.2017 in connection with Sheohar P.S. Case No. 182 of 2016 for offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner along with five others and 10 unknown persons assaulted the informant. Specific allegation upon the petitioner is of giving knife blow on the back. Allegation is also of taking away Rs. 30,000/- from the pocket of the informant. It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.11261 of 2018 (3) dt.30-03-2018 2/2 petitioner that he is innocent, bears no criminal history and there was free fighting between both the parties for which the petitioner's side has also lodged F.I.R. bearing Sheohar P.S. Case No. 183 of 2016 regarding the same occurrence. He further submits that charges have not been submitted under Sections 379 or 307 I.P.C. as injury has not been found to be grievous. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 182 of 2016.

(Nilu Agrawal, J) Devendra/- U T