Ashish Jha @ Ashish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23989 of 2021 Arising Out of PS. Case No.-239 Year-2020 Thana- DHAMDAHA District- Purnia ====================================================== 1.

ASHISH JHA @ ASHISH KUMAR JHA Son of Chiranjiv Jha Resident of Village - Kunwari, P.S.- Dhamdaha, Distt.- Purnea. 2.

Arbind Jha @ Arvind Jha Son of Late Damodar Jha Resident of Village - Kunwari, P.S.- Dhamdaha, Distt.- Purnea.

3.

Shrawan Jha Son of Charadhar Jha Resident of Village - Kunwari, P.S.- Dhamdaha, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Amarnath Jha, learned Advocate for the petitioners and the learned APP for the State. The petitioners seek bail in anticipation of their arrest in connection with Dhamdaha P.S. Case No. 239 of 2020 dated 24.11.2020 instituted for the offences under Sections 323, 341, 342, 324, 325, 379, 307, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the accusation against all the petitioners is general and omnibus. Out of the three persons who have received injuries in the transaction, two have received only simple injuries. One of the victims has received two injuries; one out of which has been reported to be

Patna High Court CR. MISC. No.23989 of 2021(2) dt.13-01-2022 2/2 grievous. However, from the dimensions of such injury, it does not appear to be life-threatening.

Apart from this, it has been submitted that the wife of petitioner no. 2 has also lodged a case against the informant and others of the present case. A proceeding under Section 144 Cr.P.C. is pending between the parties with respect to the disputed portion of land. Some of the persons from the side of the petitioners also have received injuries though simple in nature.

Considering the aforenoted facts, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnia in connection with Dhamdaha P.S. Case No. 239 of 2020, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T