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Patna High CourtCR. MISC./34565/2019bail granted

Ajit Kumar Jha @ Ajit Jha @ Amit Jha v. The State Of Bihar

2019-08-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34565 of 2019 Arising Out of PS. Case No.-61 Year-2018 Thana- SHAMBHUGANJ District- Banka ====================================================== Ajit Kumar Jha @ Ajit Jha @ Amit Jha Son of Late Lakshmi Jha @ Late Lakshmi Kant Jha Resident of Village- Bari, Khoujari, P.S.- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel appearing on behalf of petitioner and the State.

The petitioner seeks bail in Shambhuganj P.S. Case No. 61 of 2018, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 504 of the Indian Penal Code.

Prosecution case in short is that on 04.04.2019 informant went to the house of his neighbour Bijay Jha and asked him as well as his family members, not to urinate in front of his house. Thereafter, all the accused persons including this petitioner variously armed, assaulted the informant, as a result of which he became unconscious and fell down on the ground. When informant's wife and Shanti Devi (deceased) came to

Patna High Court CR. MISC. No.34565 of 2019(4) dt.28-08-2019 2/2 save him, both of them were also assaulted by the accused person, thereafter, they were taken to hospital where Shanti Devi succumbed to the injuries.

It is submitted on behalf of the petitioner that there is general and omnibus allegation against this petitioner. There is no specific allegation against this petitioner. Other co-accused persons have been granted bail by different Coordinate Benches of this court vider order dated 30.10.2018 passed in Cr. Misc. No. 43260 of 2018, order dated 12.04.2019 passed in Cr. Misc. No. 23626 of 2019 and order dated 08.04.2019 passed in Cr. Misc. No. 59777 of 2018 vide Annexure- 2, 3 and 4. Petitioner has got no criminal antecedent and he is in custody since 16.03.2019.

Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Sub-Divisional Judicial Magistrate, Banka in connection with Shambhuganj P.S. Case No. 61 of 2018.

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