Raj Kishor Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30504 of 2021 Arising Out of PS. Case No.-495 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== RAJ KISHOR JHA Son of Ramashish Jha Resident of Village- Sonversa, Rahimpur, Police Station- Khagaria (Muffasil), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjana For the Opposite Party/s :

Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in Khagaria (Mufassil) P.S. Case No. 495 of 2020 registered under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code. Allegation against the petitioner is of stabbing knife in the stomach of informant, as a result of which, blood was oozing out. The other accused persons assaulted the informant with lathi and danda.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation

Patna High Court CR. MISC. No.30504 of 2021(2) dt.07-03-2022 2/2 of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The nature of injury is said to be simple. No offence u/S 307 of the Indian Penal Code is made out. The case has been instituted after two days of the alleged occurrence. The delay in instituting the FIR has not been explained by the prosecution. On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Mufassil) P.S. Case No. 495 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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