Mahesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31352 of 2019 Arising Out of PS. Case No.-352 Year-2015 Thana- BAHERA DistrictDarbhanga ====================================================== 1.

MAHESH JHA Son of Late Radhe Raman Jha @ Radhe Shyam Jha Resident of Village- Nawada, P.S.- Baheri, District- Darbhanga. 2.

Raghav Jha @ Raghav Kumar Jha Son of Dinesh Jha Resident of VillageNawada, Police Station- Baheri, District- Darbhanga. ... ... Petitioners

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr. Girish Chandra Jha, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-08-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 354, 341, 349, 308, 448, 380, 504 and 506 of the Indian Penal Code registered in connection with Bahera P.S. Case No. 352 of 2015.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute as the parties are gotiya. Injuries resulting from the assault alleged against the petitioners are simple in nature. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount

Patna High Court CR. MISC. No.31352 of 2019(3) dt.05-08-2019 2/2 each to the satisfaction of learned Additional Chief Judicial Magistrate, Banipur, Darbhanga in connection with Bahera P.S. Case No. 352 of 2015, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioners.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T