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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30162 of 2014 Arising Out of PS.Case No. -301 Year- 2013 Thana -PATORI District- SAMASTIPUR ====================================================== Shambhu Kumar Jha @ Shambhu Jha, S/o Ramji Jha, R/o VillagePanapur, P.S- Birpur, District- Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav, Adv. For the Opposite Party/s : Mr. Sanjay Kr. Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner, apprehending his arrest in connection with Complaint Case No. 1199 of 2013 registered for the offences punishable under Sections 147, 148, 149, 323, 342, 354, 380, 447, 448 and 436 of the Indian Penal Code and 3 (x) S.C./S.T. Act, seeks the privilege of pre-arrest bail.

After perusal of the impugned order it reveals that the learned Sessions Judge has opined that witnesses in the Case Diary have supported the allegation of abusing and assaulting the informant but they have neither supported the allegation under Sections 436, 380 and 354 of the Indian Penal Code nor the allegation under Section 3(i)(x) of the S.C./S.T (Prevention of

Patna High Court Cr.Misc. No.30162 of 2014 (2) dt.19-01-2015 Atrocities) Act and the fact that there is land dispute between the parties and as such, the petitioner is directed to surrender in the court below within two months from the date of receipt/production of a copy of this order and seek regular bail and in that case the petitioner shall be released on bail on the same date on execution of bail bond to the satisfaction of the learned court below itself. Accordingly, this application is disposed of. (Jitendra Mohan Sharma, J.) Vats/- U T