Hemant Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26772 of 2024 Arising Out of PS. Case No.-349 Year-2023 Thana- BHAGWANPUR District- Begusarai ====================================================== Hemant Kumar Jha S/o Late Yugal Kishor Jha R/o vill - Sanjat, P.S. - Bhagwanpur, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 506, 427, 307 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of two cases and has been falsely implicated in the instant case by the informant with an allegation that petitioner along with named accused persons came on 15.12.2023 and damaged her house and shop by firing on the door, thereafter, again on 16.12.2023, the accused persons along with the petitioner and 3-4 unknown accused came on a vehicle and Sanjeev fired on the informant, but she managed to save herself by hiding in her house, thereafter, she was threatened by the accused to vacate her shop.

4. The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.26772 of 2024(2) dt.15-05-2024 2/2 though there is allegation of firing but then no one was injured in the firing. It is next submitted that son of the informant was implicated in Bhagwanpur P.S. Case No. 348 of 2023 with an allegation that he fired at the petitioner causing injury in his thigh. It is further submitted that petitioner is informant of Bhagwanpur P.S Case No. 348 of 2023. It is further submitted that the instant FIR has been instituted in order to coerce the petitioner into submission.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bhagwanpur P.S. Case No. 349 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T