Abhishek Kumar Jha @ Abhishek Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.438 of 2019 Arising Out of PS. Case No.-399 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Abhishek Kumar Jha @ Abhishek Jha, son of Sh. Ratan Kumar Jha, Resident of Mohalla - Balbhadrapur, P.S - Laheriasarai, District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jagnnath Singh For the Opposite Party/s :
Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504, 506 and 379/34 of the Indian Penal Code. On 09.08.2018, one Harish Chandra Mahto lodged a case for the occurrence dated 09.08.2018, relating to murder of his son wherein the informant of this case is an accused. Submission is that to save skin from that case, present F.I.R. has been lodged on 09.08.2018 itself vide Annexure-1 alleging occurrence dated 07.08.2018 that firearm of the petitioner was snatched by the brother of the informant when the petitioner had taken it out at the time of occurrence of assault. Petitioner has got no criminal antecedent.
Considering the nature and background of allegation,
Patna High Court Cr.Misc. No.438 of 2019(2) dt.28-01-2019 2/2 let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Laheriasarai Police Station Case No. 399 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Kundan/Rajan U T