Sanjay Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26988 of 2021 Arising Out of PS. Case No.-565 Year-2016 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.

Sanjay Jha Son of Lal Jha @ Navkant Jha Resident of Village- Kahra, Ward No. 13, P.S.- Sadar (Saharsa), District- Saharsa. 2.

Aditya @ Chhotu @ Chhotu Jha @ Aditya Jha Son of Sanjay Jha Resident of Village- Kahra, Ward No. 13, P.S.- Sadar (Saharsa), District- Saharsa. 3.

Abhishek @ Bholu @ Abhishek Raj Son of Sanjay Jha Resident of VillageKahra, Ward No. 13, P.S.- Sadar (Saharsa), District- Saharsa. 4.

Sunny Kumar @ Sanni Jha @ Shani Kumar Son of Sunil Kumar Jha Resident of Village- Tidi, P.S.- Sour Bazar, District- Saharsa, at present R/o Village- Kahra, Ward No. 13, P.S.- Sadar (Saharsa), District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners undertake to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 448, 427, 307, 504, 384 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitiioner is that they along

Patna High Court CR. MISC. No.26988 of 2021(2) dt.16-12-2021 2/3 with 8-10 unknown armed with weapons damaged the vehicle of the informant and forcibly entered into his house and started firing.

It is submitted by learned counsel for the petitioners that petitioner are innocent and have been falsely implicated in this case. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that police after investigation has filed the final form against the petitioners but the learned court below has taken cognizance against the petitioners. He further submits that petitioner no. 3 has no criminal antecedent and petitioner nos. 1, 2 and 4 have one criminal antecedent as stated in para-3 of this application. Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of the case and the fact that there is general and omnibus allegation against the petitioners, the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.26988 of 2021(2) dt.16-12-2021 3/3 pending/successor court in connection with Saharsa Sadar P.S. Case No. 565 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T