Bhaskar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23382 of 2024 Arising Out of PS. Case No.-148 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== Bhaskar Jha son of Prakash Jha, Village- Chunni PS- Madhepur, Sub Division Jhanjharpur, Dist- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Pandey No.5, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 31-07-2024 Heard Mr. Sanjay Kumar Pandey No.5, learned counsel appearing on behalf of the petitioner and Mr. Anand Kishore Choudhary, learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection with Madhepura P.S. Case No. 148 of 2021 registered under Sections 341, 323, 379, 354B, 506, 324, 448 and 34 of the Indian Penal Code.
3. As per the allegation made in the FIR, one coaccused namely Ricky Kumari (cousin sister of the petitioner), along with four other accused persons, including the petitioner, entered into the house of the informant and indulged into heated arguments, which turned into ugly fight.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.23382 of 2024(3) dt.31-07-2024 2/3 petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Learned counsel further submits that the allegation made in the FIR against the petitioner is without any substance and no injury has been caused to the informant or to the informant's side. The petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, the fact that no injury has been caused to the informant or to the informant's side, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Judicial Magistrate- Ist Class, Jhanjharpur, District- Madhubani in connection with Madhepura P.S. Case No. 148 of 2021, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The learned District Court is directed to verify the
Patna High Court CR. MISC. No.23382 of 2024(3) dt.31-07-2024 3/3 criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J.) Ashishsingh/- U T