Arjun Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19031 of 2023 Arising Out of PS. Case No.-594 Year-2022 Thana- SHAHPUR PATORI District- Samastipur ====================================================== 1.

ARJUN JHA Son of Late Yashodhar Jha R/V- Dharampur Bande, P.S- Patori Dist- Samastipur 2.

Abhimanyu Jha Son of Arjun Jha R/V- Dharampur Bande, P.S- Patori DistSamastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyameshwar Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 325, 302, 504, 506, 120B of the Indian Penal Code.

3. The allegation against the petitioners along with others is of assaulting the husband of the informant leading to his death.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case due to old dispute. They have committed no offence. There is general and omnibus allegation against the petitioners and no specific

Patna High Court CR. MISC. No.19031 of 2023(4) dt.07-08-2023 2/2 overt act against these petitioners. He further submitted that as per Postmortem report, the death of the deceased was natural, which does not corroborates the prosecution case. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 15.12.2022.

5. The application for bail is opposed by learned APP for the State, learned counsel for the informant and submitted that the petitioners are named in the FIR and they were seen at the place of occurrence through Pendrive video, which is mentioned in para-47 of the case diary.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Shahpur Patori P.S. Case No. 594 of 2022.

(Sunil Kumar Panwar, J) arish/- U T