Viveka Nand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47165 of 2015 Arising Out of PS.Case No. -8 Year- 2015 Thana -BHAIRABASHTHAN District- MADHUBANI ======================================================

1. Viveka Nand Jha Son of Kripa Nand Jha Resident of Village Naruwar Police Station Bhairab Asthan District Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. T.P.Mandal (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 25-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel appearing on behalf of the informant. The petitioner apprehends his arrest in connection with a case registered for the offences punishable under Sections 147/148/ 149/323/324/325/307/354(A) of the Indian Penal Code. Learned counsel for the petitioner submits that admittedly, the dispute arose out of uprooting of radish from the field belonging to the informant. It is submitted that there is land dispute between the parties and both the parties have filed cases with regard to same occurrence. It is further submitted that though the allegation has been made against this petitioner that he gave Bhala blow on the hand of Khela Nand Jha, the informant, the same

Patna High Court Cr.Misc. No.47165 of 2015 (4) dt.25-02-2016 P2/2 injury is found to be simple in nature.

Learned counsel for the informant submits that three persons have been attacked by the petitioner's side and they all have sustained injuries. It is further submitted that the injury which is said to have been inflicted on one Vishwanath have been found to be grievous in nature.

Considering the aforementioned facts and circumstances and that the petitioner is having a clean antecedent and is willing and ready to co-operate in the investigation and he will be available at the court below, as and when required, let the petitioner, in the event of his arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Bhairab Asthan P.S. Case No. 08 of 2015 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T