Indra Mohan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28195 of 2023 Arising Out of PS. Case No.-147 Year-2017 Thana- KANTI District- Muzaffarpur ====================================================== INDRA MOHAN JHA Son of Late Baidh Nath Jha @ Baidh Nath Mukhiya Resident of village - Mithan Sarai Madhopur, P.S.- Kanti, District - Muzaffarpur.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nachiketa Jha, Advocate For the Opposite Party/s :
Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case is seeking prearrest bail in connection with Kanti P.S. Case No.- 147 of 2017 registered for the offences punishable under Sections 147, 153, 186, 332, 341, 353, 504, 506 of the Indian Penal Code. He has got no criminal antecedent.
3. Learned counsel for the petitioner submits that on 09.05.2017 the Mukhiya, up-Mukhiya and Sarpanch and different persons of Kanti block assembled at Kanti Thermal Power Plant and caused blockage in the movement of the residents of Power Plant Colony as well as other operations of Thermal Power Plant and also caused obstruction in delivery of essential commodities and services to Thermal Power Plant unit
Patna High Court CR. MISC. No.28195 of 2023(2) dt.14-07-2023 2/3 as well as residents of the colony and advanced threatening of harm to the life and property of the employees and advanced threatening to disrupt power station's operation by stoppage of coal supply. The petitioner also attended the unlawful assembly.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is said to be one amongst the ten named and hundred unnamed persons who have allegedly been involved in the offences which are of petty nature.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
6. Having regard to the facts and circumstances of the case, wherein it is submitted that this petitioner is said to be one amongst the ten named and hundred unnamed persons who had allegedly been involved in the offences which are of petty nature, the FIR was lodged after four days and the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named shall be released on bail in connection with Kanti P.S. Case No.- 147/2017 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties
Patna High Court CR. MISC. No.28195 of 2023(2) dt.14-07-2023 3/3 of the like amount each to the satisfaction of learned J.M. 1st Class, Muzaffarpur (West), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and that the petitioner shall appear before the Investigating Officer of the case, join the investigation and cooperate in course of investigation.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) tusharika/- U T