Gunanand Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42968 of 2017 Arising Out of PS. Case No.-189 Year-2016 Thana- KUSHESHWARSTHAN DistrictDarbhanga ====================================================== 1.
Gunanand Jha, Son of Late Kishor Jha @ Braj Kishore Jha, 2.
Phusi Jha, Son of Anrudh Jha, 3.
Kanhaiya Jha, Son of Late Khushi Jha, 4.
Munna Jha, Son of Late Khushi Jha, 5.
Ugan Jha @ Surkhur Jha @ Khurkhur Jha, Son of Mantun Jha. All are Resident of Village-Harinagar, P.S.-Kusheshwar Asthan, District-Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No 13 For the Opposite Party/s :
Mr. DR. INDIWAR KUMARI ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the parties.
This application for anticipatory bail arises out of Kusheshwar Asthan P.S.Case N0. 189 of 2016, disclosing offences under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.
On perusal of the First Information Report, it appears that the parties are on litigating terms and they are filing cases against each other.
Learned counsel for the informant has submitted that the petitioners have concealed the fact that they have criminal antecedent. According to his own showing, in one of the
Patna High Court Cr.Misc. No.42968 of 2017(2) dt.20-09-2017 2/2 complaint cases said to have been lodged against these petitioners, judgment of acquittal has been awarded. Considering the nature of dispute between the parties leading to lodging of the present case, I find it to be a fit case for grant of anticipatory bail. This application is allowed accordingly.
Let the petitioners above named in the event of their arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Biraul in Kusheshwar Asthan P.S. Case No. 189 of 2016 corresponding to G.R. No. 732 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themsleves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
arun/- (Chakradhari Sharan Singh, J) U