Pranav Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44580 of 2016 Arising Out of PS.Case No. -244 Year- 2016 Thana -BIRAUL District- DARBHANGA ====================================================== Pranav Kumar Jha son of Raghvendra Kumar Jha resident of village Neori, P.S. Biraul, District - Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shama Sinha, Advocate For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Biraul P.S. Case No.244 of 2016 for the offences registered under section 307 and other minor Sections of the Indian Penal Code and 27 of the Arms Act.

Although petitioner is named in the first information report but there is only allegation against him that he fired on the air and gave threatening to the informant.

It is submitted on behalf of the petitioner that prior to the institution of the present case, the informant had lodged Biraul P.S. Case No.33 of 2016 against the petitioner and others and police after due investigation submitted final form finding Biraul

Patna High Court Cr.Misc. No.44580 of 2016 (2) dt.02-12-2016 2/2 P.S. Case No.33 of 2016 untrue and thereafter, again informant lodged this false case. To fortify his contention, learned counsel for the petitioner points out that according to the prosecution case itself, the informant left his home at 10.30 P.M. on 19.6.2016 and after that the alleged occurrence took place but it is curious enough that the doctor examined the informant at 10.20 P.M. on 19.6.2016. Moreover, the doctor, who first examined the informant, found two injuries but when the informant was examined at Darbhanga Medical College and Hospital, Laheriasarai on 16.7.2016 only one injury, i.e., too simple in nature was found on his person.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st Class, Darbhanga in Biraul P.S. Case no. 244 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) N.H./- U T