Bhagwanjee Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24697 of 2020 Arising Out of PS. Case No.-125 Year-2019 Thana- ARER District- Madhubani ====================================================== 1.

BHAGWANJEE JHA Son of Kailash Chandra Jha Resident of VillageJarail, P.S.- Arer, District- Madhubni 2.

Shubh Chandra Jha Son of Late Laxman Jha Resident of Village- Jarail, P.S.- Arer, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Arer P.S. Case No. 125 of 2019, registered under sections 341, 323, 324, 307, 379, 452, 504, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, it is stated by the informant that some accused persons struck him on his head with a sharp weapon as a result of which he fell down. It is thereafter stated that he was taken to the house of Sunil Jha where the petitioner no. 1, Sunil Jha and petitioner no. 2

Patna High Court CR. MISC. No.24697 of 2020(4) dt.12-01-2021 2/3 assaulted him with a rod in brutal manner and stated that he would have to pay rangdaari.

It is submitted by learned counsel for the petitioners that the allegations as levelled in the FIR are false and incorrect. It is submitted that the allegations are not supported by the injury report wherein the injuries have been found to be simple in nature and the only grievous injury is on the finger of the informant which is a non-vital part of the body. It is submitted that the parties have entered into a compromise outside the Court. The petitioners have no criminal antecedent. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case and taking into consideration the submissions made on behalf of the petitioners, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Arer P.S. Case no. 125 of 2019, they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial

Patna High Court CR. MISC. No.24697 of 2020(4) dt.12-01-2021 3/3 Magistrate 1st Class,, Benipatti subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Partha Sarthy, J) sushma/- U T