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Patna High CourtCR. MISC./74233/2018allowed

Amrendra Prasad Ojha @ Munna Ojha And ANR v. The State Of Bihar

2018-12-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74233 of 2018 Arising Out of PS. Case No.-121 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ======================================================

1. Amrendra Prasad Ojha @ Munna Ojha, son of Surendra Prasad Ojha.

2. Rahul Kumar @ Guddu Ojha, son of Amrendra Prasad Ojha @ Munna Ojha.

Both resident of village - Mazirabad Subhai, P.S.- Hajipur Sadar, District Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Hajipur Sadar P.S. Case No. 121 of 2018, disclosing offence under Sections 341, 447, 307, 504 and 34 of the Indian Penal Code and Sections 3 and 4 of the Explosive Substance Act and Section 27 of the Arms Act.

It is alleged that the petitioners hurled bomb in front of the informant's house and they shot fire directing the informant's aunt.

Learned counsel appearing on behalf of the petitioners has submitted that no reason has been given in the FIR as to

Patna High Court Cr.Misc. No.74233 of 2018(2) dt.21-12-2018 2/2 why the occurrence has taken place. He also submits that it is evident from the FIR that no one received any injury, which shows that the entire case is manipulated.

Considering the above submission, this application is allowed. The petitioners, above named, in the event of their arrest or surrender before the Court within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 121 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Pawan/Ragini U T