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Patna High CourtCR. MISC./14636/2025allowed

Adarsh Jha v. The State Of Bihar

2025-03-28Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14636 of 2025 Arising Out of PS. Case No.-271 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== 1.

Adarsh Jha, Son of Shri Pappu Jha, Resident of Village - Pohaddi, P.S. - Bahera, District - Darbhanga 2.

Raghav Jha @ Raghav Kumar Jha, Son of Shri Narayan Jha, Resident of Village - Pohaddi, P.S. - Bahera, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Shrivastava, Advocate Mr. Brajesh Sahay, Advocate Mr. Girish Pandey, Advocate For the Informant :

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

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-03-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Bahera P.S. Case No. 271 of 2020, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379, 427 of the IPC and Section 27 of the Arms Act.

3. As per the prosecution case, due to land dispute, the petitioners along with the other co-accused persons came at the house of the informant and assaulted her and asked about her son and robed gold and silver ornaments worth Rs. Five lacs. They also fired gunshot on her and her brother-in-law when he

Patna High Court CR. MISC. No.14636 of 2025(2) dt.28-03-2025 2/3 came to save her which caused injury on his thigh. They also pelted stones and set her car and house on fire.

4. Learned senior counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to land dispute between the parties. Save and except being a member of mob no allegation against the petitioner. There is case and counter case between the parties. To save the skin from the earlier case, present case has been lodged against the petitioners. The police has already filed charge-sheet against the son of the informant namely Shanny Kumar. He further submits that the main accused is Pappu Jha against whom there is allegation of firing who has already been granted bail by the Court. Petitioners have no criminal antecedents and they undertake to cooperate in the investigation and trial of this case.

5. Learned counsel for the informant as well as learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days

Patna High Court CR. MISC. No.14636 of 2025(2) dt.28-03-2025 3/3 from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Bahera P.S. Case No. 271 of 2020, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023. (Sunil Dutta Mishra, J) khushbu/- U T