Patna High CourtCR. MISC./29973/2022bail granted

Manjesh Ojha @ Majesh Ojha v. The State Of Bihar

2022-09-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29973 of 2022 Arising Out of PS. Case No.-181 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== MANJESH OJHA @ MAJESH OJHA Son of - Ramayan Ojha Resident of Village - Amahi Banke, Police Station- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lokesh Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 307, 302 & other allied sections of the Indian Penal Code.

The prosecution case, in short, is that accused persons including this petitioner assaulted the informant and his family members due to which, they sustained injuries and later on, one of the injured (sister's son of informant) succumbed to the injuries.

It is submitted on behalf of petitioner that there is no allegation of assault alleged against this petitioner causing injury to the deceased. As per F.I.R., petitioner is alleged to have assaulted the informant with lathi and knife. There is no injury report on record. The F.I.R. has been belatedly lodged and there is no explanation of delay. Co-accused Pramod Ojha has already been granted anticipatory bail by a coordinate Bench of this

Patna High Court CR. MISC. No.29973 of 2022(2) dt.29-09-2022 2/2 Court, vide order dated 02.12.2021 passed in Cr.Misc. No. 13917 of 2021.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid facts and circumstances, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Kateya P.S. Case No. 181 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T