Ashish Jha @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26537 of 2023 Arising Out of PS. Case No.-431 Year-2022 Thana- KATIHAR NAGAR District- Katihar ====================================================== ASHISH JHA @ SONU Son of Sri Kalu Jha @ Shyam Sundar Jha Resident of village - Shiv Mandir Naya Tola, Ward no. 34, P.S. - Katihar Town, Distt. - Katihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and section 27 of the Arms Act. As per allegation in the FIR, due to old enmity, several accused persons including the petitioner came at the place of occurrence and started brick batting as a result of which he fell down and lost his sense. Thereafter Kalu Jha and petitioner opened fire which hit on his leg and hand. On gathering of local villagers, accused persons fled away from the place of occurrence. In the background of the present case, dispute regarding partition of the property was going on.

Patna High Court CR. MISC. No.26537 of 2023(2) dt.23-05-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. So called injuries received by the informant was allegedly caused by hard and blunt substance and are simple in nature except injuries no. 4 and 5 for which opinion was Both the parties are on litigating term. Informant is own uncle of the petitioner. Petitioner is languishing in judicial custody since 6.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-V, Katihar in connection with S.T. No. 146 of 2023 arising out of Katihar Nagar P.S. Case No. 431 of 2022.

(Sunil Kumar Panwar, J) sushma/- U