Vijay Kumar Jha @ Bijay Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48234 of 2014 Arising Out of PS.Case No. -61 Year- 2012 Thana -JHANJHARPUR District- MADHUBANI ======================================================
1. Vijay Kumar Jha @ Bijay Jha, Son of Ramchandra Jha.
2. Dhairya Narain Jha @ Dhirendra Jha, Son of Late Upender Jha.
3. Bauku Kamat, Son of Baijoo Kamat.
4. Sanjay Jha, Son of Ramesh Chandra Jha.
5. Uday Jha, Son of Ramesh Chandra Jha.
6. Subodh Jha, Son of Dhrub Narayan Jha.
7. Madan Jha, Son of Late Kameshwar Jha.
8. Mahendra Jha, Son of Late Kameshwar Jha.
9. Pravin Jha, Son of Hari Mohan Jha.
10. Govind Jha, Son of Late Sahdeo Jha.
11. Pankaj Jha, Son of Hari Mohan Jha.
12. Anil Jha, Son of Late Upendra Jha.
13. Ranjit Jha @ Ranjit Kumar Jha, Son of Govind Jha.
14. Parmeshwar Kamat, Son of Late Uchit Kamat.
15. Shiv Kamat, Son of Late Nandlal Kamat.
16. Uttam Kamat, Son of Newat Kamat.
17. Lalchand Kamat, Son of Newat Kamat.
18. Jhotail Kamat, Son of Newat Kamat.
19. Tej Narain Kamal, Son of Tirpit Kamat.
20. Subhaglal Kamat, Son of Babulal Kamat.
21. Ashok Kamat @ Ashish Kamat, Son of Bouku Kamat.
22. Sudin Kamat, Son of Mirchai Lal Kamat.
23. Manoj Kamat, Son of Chaitoo Kamat.
24. Pawan Jha, Son of Late Bhola Jha.
25. Dhaniklal Kamat, Son of Late Nandlal Kamat.
26. Ganeshi Kamat, Son of Late Nandlal Kamat. All residing at Village-Mohana, P.S.-Jhanjharpur, District-Madhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Jha, Advocate For the Opposite Party/s : Mr. Ramshankar Das (Spl.PP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the twenty six petitioners seek anticipatory
Patna High Court Cr.Misc. No.48234 of 2014 (2) dt.23-04-2015 2/3 bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 324, 307 and 436 of the Indian Penal Code and 3(X) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel appearing on behalf of the petitioners has submitted that no offence under Section 3 (i) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, is made out on the basis of the allegation as contained in the First Information Report. He has further submitted that the allegation, as contained in the First Information Report, is highly improbable and case has been instituted out of vengeance, which is counter blast of an earlier case instituted by petitioner no. 1 vide Jhanjharpur P.S. Case No. 60 of 2012.
He has further submitted that the police, upon investigation, have submitted chargesheet under various sections of the Indian Penal Code, which are bailable and only Section 3 (i) (x) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, under which chargesheet has been submitted, is non-bailable.
In view of the submission as above, let the petitioners, abovenamed, in the event of their arrest or
Patna High Court Cr.Misc. No.48234 of 2014 (2) dt.23-04-2015 3/3 surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur (Madhubani), in connection with Jhanjharpur P.S. Case No. 61 of 2012, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Chakradhari Sharan Singh, J) Praveen-II/- U T