Sunil Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34986 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- KHAJAULI District- Madhubani ====================================================== SUNIL JHA, SON OF SHRI VISHNU KANT JHA Resident of VillageMarukiya, Ward No.05, P.S.- Khajauli, Dist- Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Jha For the Opposite Party/s :
Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-01-2022 Heard Mr. Shailendra Kumar Jha, learned advocate for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Khajaulil P. S. Case No. 245 of 2020, corresponding to CRI No. 2578 of 2020, instituted for the offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the Indian Penal Code.
The petitioner and his family members are said to have assaulted the informant and his family on the issue of cutting of a tree.
The learned advocate for the petitioner has submitted that the tree belonged to the petitioner but the
Patna High Court CR. MISC. No.34986 of 2021(2) dt.21-01-2022 2/3 informant and his relatives were trying to cut it. There is a counter version of the occurrence also. The petitioner is said to have assaulted the informant and his uncle.
The informant has received simple injuries whereas the uncle of the informant has received two injuries, one of which is simple in nature. The other injury which has been assessed to be grievous is said to have been caused by hard and sharp object. The injury is in nature of a cut on the lef side of the ribs.
The learned advocate for the petitioner has submitted that he too has been injured in the occurrence. Thus, on the basis of the afore-stated facts, it has been urged that there is no intention on the part of the petitioner to give any life threatening injury to any one of the parties to the dispute.
The petitioner and the informant are agnates and neighbours as well.
Regard being had to the afore-stated facts, the petitioner, above-named, is directed to be released on bail,
Patna High Court CR. MISC. No.34986 of 2021(2) dt.21-01-2022 3/3 in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sri Sanjay Kumar, J.M. 1st Class, Madhubani, District - Madhubani, in connection with Khajaulil P. S. Case No. 245 of 2020, corresponding to CRI No. 2578 of 2020, subject to the conditions as laid down under Section 438 (2) Cr.P.C.
The application stands allowed.
(Ashutosh Kumar, J) skm/- U T