Shyama Nand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17224 of 2019 Arising Out of PS. Case No.-657 Year-2018 Thana- BANKA District- Banka * ====================================================== Shyama Nand Jha, Son of Late Suresh Chandra Jha, Resident of VillageLakhnauri, at present Village- Jagatpur, Nayatola, Both P.S. and DistrictBanka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Md. Fahumuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Banka P.S. Case No. 657 of 2018 registered for the offences punishable under Sections 147, 149, 323, 379, 307, 341, 385 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that over a dispute with respect to registration of a piece of land in the alleged occurrence the allegation against the petitioner is that he had thrown a brick on the head of the informant with an intention to kill which has resulted in head injury. Learned counsel submits that even if the allegation is to be taken as a case it is apparent that the petitioner has not used deadly weapon and he had not gone to the place of informant with any

Patna High Court CR. MISC. No.17224 of 2019(2) dt.29-03-2019 2/2 intention to kill rather at the spur of the moment it appears that some altercation took place in which the petitioner threw a brick which hit the informant, however, injury caused is simple in nature.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case, the nature of dispute in which the alleged occurrence took place and further that the petitioner was not armed with any deadly weapon, has no criminal antecedent and the injury is said to be simple in nature, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of the learned C.J.M., Banka in connection with Banka P.S. Case No. 657 of 2018, subject to the condition prescribed under Section 438(2) of the Cr.P.C.

(Rajeev Ranjan Prasad, J) arvind/- U T