Dheeraj Kumar @ Dheeraj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35817 of 2022 Arising Out of PS. Case No.-223 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== DHEERAJ KUMAR @ DHEERAJ KUMAR JHA Son of Sri Upendra Jha @ Upendra Nath Jha, Resident of Village- Ramai, P.S.- Forbesganj, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar, Advocate Mr. Nilesh Kumar, Advocate Mr. Ritwik Thakur, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 223 of 2022 under Sections 326 and 307 of Indian Penal Code read with Section 27 of the Arms Act. As per prosecution, the petitioner in the state of intoxication, he fired upon Amit Kumar.

Learned counsel for the petitioner submits that in this case there is no evidence of injury to any one. It has been further submitted that petitioner is in custody since 22.03.2022 and

Patna High Court CR. MISC. No.35817 of 2022(2) dt.20-09-2022 2/3 charge sheet has already been filed. Learned counsel further submits that there is one criminal case pending against the petitioner. Learned counsel further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel for the petitioner further submits that vide Annexure-3 there is a panchayati took place and in this regard, a compromise petition has been filed from both side.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 223 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.35817 of 2022(2) dt.20-09-2022 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

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