Harishankar Jha @ Hari Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27981 of 2025 Arising Out of PS. Case No.-366 Year-2023 Thana- TAJPUR District- Samastipur ====================================================== HARISHANKAR JHA @ HARI JHA Son of Gunanand Johan R/O Village - Morwa Dih, P.S.- Mushrigharari, Dist.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sameer Ranjan For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-05-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 27.02.2024 passed in Cr. Misc. No. 75038 of 2023.

3. The petitioner seeks regular bail in connection with Tajpur P.S. Case No. 366 of 2023 registered for the offence under Sections 307, 34 of the IPC and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner is said to be the main assailant of the victim. The injury report supports the allegation.

5. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence.

Patna High Court CR. MISC. No.27981 of 2025(2) dt.09-05-2025 2/3 Petitioner is in custody since 03.07.2023 and claims clean antecedent.

6. Learned A.P.P. appearing for the State has vehemently opposed the prayer for bail.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Addl. Sessions Judge-1st, Samastipur/concerned Court below in connection with Tajpur P.S. Case No. 366 of 2023 subject to condition that:- (i).

The petitioner will mark his attendance at the Mushrigharari Police Station on the first & third Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bonds of the petitioner. (ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and noncooperation in the trial shall result in cancellation of the bail bonds of the petitioner.

(iii). Before accepting the bail-bond of the petitioner, the court below will verify the antecedent of the petitioner. If the petitioner is found having clean antecedent, the bail-bonds of the petitioner shall be accepted. If the petitioner is found having criminal antecedent(s), his bailbonds shall not be accepted by the court below.

Patna High Court CR. MISC. No.27981 of 2025(2) dt.09-05-2025 3/3

9. This application for regular bail stands allowed. (Sandeep Kumar, J) Shishir/- U T