Upendra Narayan Jha @ Upendra Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 18960 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- JAMALPUR District-Darbhanga ==========================================================================
1. Upendra Narayan Jha @ Upendra Jha, S/O Late Yadunandan Jha
2. Arjun Jha, S/O Late Ravindra Jha
3. Gopal Jha, S/O Late Yadunandan Jha, All residents of Village- Hansopur, P.S. - Jamalpur (O.P. Bargaon), Distt.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ========================================================================== Appearance :
For the Petitioner/s : Mr. Maruth Nath Roy, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP =========================================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 20-07-2020 Heard Mr. Maruth Nath Roy, learned Advocate for the petitioners and Mr. Khurshid Anwar, learned APP for the State. The three petitioners seek bail in anticipation of their arrest in connection with Jamalpur (Bargaon O.P.) P.S. Case No. 124 of 2019 dated 20.11.2019 instituted for the offences under Sections 147, 148, 149, 341, 323, 379, 504, 506 and 307 of the Indian Penal Code. It has been submitted on behalf of the petitioners that there is a counter version of the occurrence as well. Several persons have been made accused in this case but so far as the petitioners are concerned, it has been argued, there is no specific overt act attributed against them. The petitioner no. 2 is said to be an order giver and is also alleged to have snatched the personal belongings of the informant and others. So
far as petitioners no. 1 and 3 are concerned, the allegations against them is general and omnibus. One of the other co-accused persons of this case viz. Madhav has been attributed with the role of giving a Khanti blow on the head of the informant. One of the petitioners viz. petitioner no. 1 of this case has also received serious injury. Considering the aforestated facts and also taking into account the fact that the petitioners are agnates of the informant, they are directed to be released on bail, in the event of their arrest/surrender before the court below within a period of six weeks, on their furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Biroul, Darbhanga in connection with Jamalpur (Bargaon O.P.) P.S. Case No. 124 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Ashutosh Kumar, J) krishna/- U T