Patna High CourtCR. MISC./33134/2024bail granted

Sanjay Ojha @ Sanjay Kumar Jha v. The State Of Bihar

2024-07-03Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33134 of 2024 Arising Out of PS. Case No.-345 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Sanjay Ojha @ Sanjay Kumar jha SON OF LATE KISHUN OJHA Village -Lalachhapra PS -Kesariya District -East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramakant Sharma, Sr. Adv.

Mr.Rabindra Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-07-2024 Heard learned senior counsel Mr. Ramakant Sharma for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kesariya P.S. Case No.345 of 2023 (S.Tr. No.15 of 2024), lodged under Sections 341, 323, 316, 354B, 379, 504, 506/34 of the I.P.C. read with section 8 of POCSO Act.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner against whom there is allegation that they have attacked the informant and her niece with iron rod due to which bleeding started.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has falsely been implicated in the present case due to land dispute and dirty village politics.

Patna High Court CR. MISC. No.33134 of 2024(3) dt.03-07-2024 2/2

5. Counsel submits that the petitioner is neighbour of the informant and he had interfered in the land dispute between informant's husband and his uncle.

6. Counsel for the petitioner submits that petitioner is in custody since 18.02.2024 having four criminal antecedent.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 7th Addl. Sessions Judge-cum-Special Judge, POCSO, Motihari East Champaran in connection with Kesariya P.S. Case No.345 of 2023, (S.Tr. No.15 of 2024) subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T