Mihir Kumar Jha @ Mihir Jha @ Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48136 of 2015 Arising Out of PS.Case No. -62 Year- 2015 Thana -SAKRI District- MADHUBANI ====================================================== Mihir Kumar Jha @ Mihir Jha @ Raja son of Vishwanath Jha .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-11-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323 and 307 of the Indian Penal Code.

The prosecution case is that on 27.05.2015 at 05.00 pm five accused persons including the petitioner came armed with 'lathi' and iron rod started abusing the informant on protest being made the petitioner assaulted with iron rod on the head of the informant when the informant fell down and uncle brother and children of the informant came to rescue then they were also assaulted by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner is agnate of the informant and for the occurrence of 27.05.2015, the FIR was registered on 01.06.2015. Moreover one

Patna High Court Cr.Misc. No.48136 of 2015 (2) dt.10-11-2015 2/2 lacerated injury has been found on the left parietal bone but simple in nature. At earlier point of time the petitioner's side filed Sakri P.S. Case No.57 of 2015 against the informant's side. Subsequently, the informant has retracted from initial version and has filed a petition to that effect before the learned court below. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the delayed lodging of the case and the case lodged by the petitioner's side at earlier point of time, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Madhubani in connection with Sakari P.S. Case No.62 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T