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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18640 of 2019 Arising Out of PS. Case No.-145 Year-2018 Thana- BACHHWARA District- Begusarai ====================================================== 1.

ASHOK JHA @ ASHOK KUMAR JHA Son of Muneshwar Jha 2.

Rajeev Jha @ Kuka Jha @ Kuka, Son of Ashok Jha @ Ashok Kumar Jha Both are Resident of Village-Saray, Nur Nagar, Ward No.09, P.S.- Bachhwara, District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2019 The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 145 of 2018 registered under Sections 147, 307, 323, 341, 342, 379, 448 and 504 of the Indian Penal Code.

The allegation against the petitioners is that petitioners assaulted the informant and his brother by means of lathi, danda and iron rod.

Learned counsel for the petitioners submits that there is case and counter case in between the parties and the side of the petitioners has also lodged FIR bearing Bachhwara P.S.Case No. 146 of 2018 under Sections 147, 341, 448, 504 and 506 of the Indian Penal Code. Learned counsel further submits that injuries caused to the informant are simple in nature, however, one of

Patna High Court CR. MISC. No.18640 of 2019(6) dt.19-07-2019 2/2 the injuries caused on the persons of the brother of the informant is said to be grievous in nature but the same is on non-vital part of the body and admittedly there is land dispute between the parties.

After having heard learned counsel for the parties and taking into consideration the fact that there is case and counter case in between the parties and injuries caused to the informant and his brother are simple in nature, except one injury, which is said to be grievous in nature, but the same is on non-vital part of the body, as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned ACJM-VI, Begusarai in connection with Bachhwara P.S. Case No. 145 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T