Ashwani Jha @ Ashwini Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.36826 of 2015 (2) dt.10-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36826 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -BANGAON District- SAHARSA ======================================================

1. Ashwani Jha @ Ashwini Kumar Jha Son of Sadashiv Jha resident of village - Bangaon, P.S. Bangaon, District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bibuthi Prasad Pandey, Senior Advocate With Mr. Amarnath Jha For the Opposite Party/s : Mr. Surendra Pd.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-09-2015 Heard learned senior counsel for the petitioner and learned counsel appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bangaon P.S. Case No. 28 of 2015, disclosing offences under Sections 147, 148,323,324,341, 307 and 384 of the Indian Penal Code.

Having considered the submission made on behalf of the learned senior counsel appearing on behalf of the petitioner with reference to the nature of allegation and admitted dispute of civil nature between the parties, since long, I am inclined to grant the petitioner, privilege of anticipatory bail.

Learned counsel appearing on behalf of the informant has,

Patna High Court Cr.Misc. No.36826 of 2015 (2) dt.10-09-2015 however, opposed the prayer for anticipatory bail and has submitted that in another bail application preferred by other coaccused persons, case diary has been called for, without giving them any interim relief.

However in the facts and circumstances of the case, this application is allowed. Let petitioners above named in the event of his arrest or surrender within six weeks from today in the Court below, be released on 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, Saharsa in Bangaon P.S. Case No. 28 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/- U