Vikash Kumar Jha @ Vikas v. The State Of Bihar

Patna High Court Cr.Misc. No.20563 of 2015 (2) dt.25-06-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20563 of 2015 Arising Out of PS.Case No. -486 Year- 2014 Thana -RUNISAIDPUR District- SITAMARHI ======================================================

1. Vikash Kumar Jha @ Vikas Son of Uday Kant Jha, Resident of Village - Harsinghpur, P.S. - Runnisaidpur, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends arrest in a case under sections 147, 148, 149, 341, 323, 448, 324, 307, 454 and 504 of the Indian Penal Code.

The informant has alleged in the F.I.R. that the petitioner and other accused persons armed with deadly weapons arrived at the door of the informant and accused Manish Jha told to kill on which the accused persons assaulted the husband of the informant with lathi, danda, sword etc. When Dilip Sah tried to save her husband, then he was also assaulted. Petitioner is alleged to have assaulted Rajesh Sah with lathi on his hand, causing cut injury.

It has been submitted on behalf of the petitioner

Patna High Court Cr.Misc. No.20563 of 2015 (2) dt.25-06-2015 that the petitioner has got no criminal antecedent. It is further submitted that as per allegation the petitioner is said to have given a lathi blow on one Rajesh Sah, but from perusal of the impugned order it appears that in the case diary there is injury reports of one Delip Sah and Umesh Sah. It is further submitted that, in fact, the aforesaid allegation is false and the petitioner has caused no injury to the said Rajesh Sah and, hence, there is no injury report in respect to him.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the facts aforesaid, in the event of arrest or surrender of the petitioner, above named, within four weeks from the date of receipt/production of a copy of this order, the court below shall enlarge him on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Runnisaidpur P.S. Case No. 486 of 2014, subject to all the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973. (Sudhir Singh, J) Amin/- U