Suman Kumar Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30960 of 2015 Arising out of PS.Case No. -382 Year- 2010 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Suman Kumar Jha.

2. Samir Kumar Jha @ Murari Kumar Jha.

3. Mihir Jha. All sons of Sri Anand Jha. All residents of village - Makranda, Police Station Mani Gachhi, District - Darbhanga. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shailendra Kumar Jha, Advocate. For the Opposite Party : Mr. A.A.Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioners are apprehending their arrest in connection with Sadar P.S. Case No. 382 of 2010 for the offences instituted under Sections 323, 324, 307 and 324/34 of the IPC. Heard learned counsel for the petitioners and learned counsel for the State.

It is alleged that the petitioners assaulted the informant with an intention to kill him. It is further alleged that the petitioner no. 1 inflicted two blows of lathi on the head of the informant and petitioner nos. 2 and 3 also inflicted dagger blows on the head of the informant as a result of which he sustained severe injuries. When the informant tried to escape, the petitioner no. 1 gave another blow by means of Lathi on his head to which he fell down

Patna High Court Cr.Misc. No.30960 of 2015 (2) dt.31-07-2015 2/2 on the ground who was brought to hospital.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. It is a case and counter case. It is further submitted that the injury has been sustained on the accused side also but the same has not been explained by the prosecution which casts a serious doubt upon the prosecution case.

On behalf of the State it has been submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sadar P.S. Case No. 382 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T