Ashok Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.1308 of 2022 Arising Out of PS. Case No.-136 Year-2020 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Ashok Jha, Son of Late Jagdish Jha, Resident of Village- Sundarpur Bhithi, P.S. - Town Madhubani, District- Madhubani.

... ... Appellant/s

Versus

1.

The State of Bihar 2.

Shovan Paswan, Son of Late Revi Paswan, Resident of village- Sudarpur, ward no-4, P.S.-Town, Dist- Madhubani ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ratanakar Jha, Advocate For the Respondent/s :

Mr. Sadanand Paswan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 08-09-2022 Learned counsel for the appellant is permitted to remove the defect(s), as pointed out by the office, within a period of four weeks from today.

Heard Mr. Ratnakar Jha, learned counsel for the appellant and learned Spl. PP for the State.

Earlier vide order dated 14.07.2022 while issuing the notice upon respondent no. 2, the appellant was granted provisional bail by taking into consideration that other coaccused persons, having specific allegation, have already been granted bail by different learned co-ordinate Benches of this Court and the appellant is in custody since 03.02.2022, having fair antecedent.

Patna High Court CR. APP (SJ) No.1308 of 2022(3) dt.08-09-2022 2/2 In spite of the fact that notice has been validly served on respondent no.2, as reported by process server, no one appears on behalf of the respondent no.2 and as such the provisional bail granted to the appellant vide order dated 14.07.2022 is hereby confirmed and the present order is treated as part of the earlier order dated 14.07.2022. Accordingly, the impugned order dated 25.03.2022 is hereby set aside and the present appeal stands allowed. (Harish Kumar, J) uday/- U T