Nirbhay Kant Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.31856 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31856 of 2017 Arising Out of PS.Case No. -239 Year- 2014 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Nirbhay Kant Jha Son of Late Sobha Kant Jha, Resident of Village- Sapta, P.S.- Rahika, District- Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-08-2017 Supplementary affidavit has been filed on behalf of the petitioner. Let it be taken on record.

Heard learned counsel for the petitioner and learned APP representing the State.

The petitioner seeks pre-arrest bail in connection with Madhubani Town P.S. Case No. 239 of 2014 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 387, 427 and 504 of the Indian Penal Code again as earlier his prayer of pre-arrest bail was dismissed as withdrawn as the allegation against the petitioner was not found true during investigation and as such considering that there is no apprehension, at present, the petition was withdrawn. It is submitted that after submission of final form the learned C.J.M. after differing with the opinion of the Police has

Patna High Court Cr.Misc. No.31856 of 2017 (2) dt.23-08-2017 taken cognizance and as such now there is apprehension of arrest. It is also submitted that the injury received by the informant are of simple and superficial in nature and as such the petitioner deserves sympathetic consideration as land dispute is going on between the parties.

Learned APP fairly submits that after completing investigation the petitioner has not been sent up for trial vide annexure-8.

In the facts and circumstances stated above, the petitioner above named, in case of his arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 239 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T