Pitambar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30707 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== PITAMBAR JHA Son of Gangadhar Jha @ Jilebi Jha Resident of Village - Alamnagar South, ward no. 11, P.S. - Alamnagar, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defect pointed out by the office is ignored.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 188 & 447 of the Indian Penal Code.

4. All the F.I.R. named accused including this petitioner and 20 other persons are said to have deterred in doing agricultural work on the alleged government land and created disturbence in discharging their official duty.

5. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. It is further submitted that the petitioner is the bona fide landlord. The alleged lands are

Patna High Court CR. MISC. No.30707 of 2023(2) dt.19-09-2023 2/2 ancestral property of the petitioner and he is on possession over that land and doing agriculture work since a long period. It is further submitted that similarly situated co-accused, namely, Lakhan Pandit has been enlarged on bail by co-ordinate bench of this court vide order dated 20.03.2023 passed in Cr. Misc. No. 68034/2022. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

6. Learned APP for the State opposed the prayer for bail.

7. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Alamnagar P.S. Case No. 198 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T