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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19503 of 2023 Arising Out of PS. Case No.-286 Year-2021 Thana- BAHERA District- Darbhanga ====================================================== SUDHIR JHA @ SUDHIR KUMAR JHA SON OF LATE BRIJ NANDAN JHA RESIDENT OF VILLAGE - MOHAN BAHERA, P.S. - BAHERA, DISTT. - DARBHANGA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Madhusudan Kumar For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 324, 307, 302 and 506 of the Indian Penal Code. As per allegation in the FIR, eight accused persons including the petitioner came to the informant and on order of Maharudra Jha, all the accused persons assaulted to informant's father on his head by khanti resulting into his spot death. They have also assaulted to Krishna Kant Jha, Ram Shankar Jha, Ajit Kumar and Raman Kumar Jha as a result of which they have sustained injury and they have gone to P.H.C. Bahera and then were referred to DMCH, Darbhanga.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Specific

Patna High Court CR. MISC. No.19503 of 2023(3) dt.12-07-2023 2/2 allegation of order giving and assaulting to informant's father by means of khanti is against co-accused Maharudra Jha. General and omnibus allegation is levelled against this petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 08.12.2022 passed in Cr. Misc. No. 44470 of 2022. Petitioner has got no criminal antecedent and he is languishing in judicial custody since 27.01.2022 The application for bail is opposed by learned APP for the State and learned counsel for the informant. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail.

The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Benipur, Darbhanga in connection with Bahera P.S. Case No. 286 of 2021.

(Sunil Kumar Panwar, J) sushma/- U