Bhola Nath Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37098 of 2015 Arising Out of PS.Case No. -28 Year- 2015 Thana -BANGAON District- SAHARSA ======================================================

1. Bhola Nath Jha S/o Chakradhar Jha,

2. Sadashiv Jha S/o Chakradhar Jha,

3. Ajit Jha @ Ajit Kumar Jha, S/o Sadashiv Jha,

4. Bijay Jha @ Vijay Kr. Jha @ Vijay Jha S/o Sadashiv Jha,

5. Ashok Jha @ Ashok Kumar Jha S/o Bhola Nath Jha,

6. Manoj Jha @ Manoj Kumar Jha S/o Bhola Nath Jha, All residents of village- Bangaon, P.S. Bangaon, District- Saharsa. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Shri B.P. Pandey, Sr. Advocate.

For the Opposite Party : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard Shri B.P. Pandey, learned senior counsel for the petitioners, Shri Pramod Mishra, learned counsel for the informant and learned APP.

The petitioners apprehend their arrest in registered for the offences punishable under Sections 307, 379 and other Sections of the Indian Penal Code.

The informant named the petitioners along with other accused persons and alleged that he brought a piece of wood for making furniture, but the accused persons came assaulted the son of the informant and snatched a gold chain.

It is submitted that there is omnibus and general allegation of assault against the petitioners. Ashwani Jha @ Ashwini Kumar Jha is specifically alleged that he assaulted with Bhujali on the head of the

Patna High Court Cr.Misc. No.37098 of 2015 (4) dt.06-11-2015 2/2 informant. Ashwani Jha @ Ashwini Kumar Jha has already been enlarged on anticipatory bail vide order passed in Cr. Misc. No. 36826 of 2015. The petitioner nos. 1 and 2 are own brother of the husband of the informant. There is long standing disputes among the brothers and rest of the petitioners are sons of petitioner nos. 1 and 2. Learned counsel for the informant as well as the State, however, vehemently opposed the prayer for anticipatory bail of the petitioners.

Considering the facts aforesaid and the fact that no specific allegation of assault is made against the petitioners and the case of the petitioners stands on better footing as that case of Ashwani Jha @ Ashwini Kumar Jha who has already been granted anticipatory bail, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the 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 Cr.P.C.

(Prabhat Kumar Jha, J.) KKSINHA/- U T