Vijay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3856 of 2016 Arising Out of PS.Case No. -51 Year- 2015 Thana -HAYAGHAT District- DARBHANGA ======================================================

1. Vijay Kumar Jha Son of late Laxman Jha Resident of Village -Hathouri P.s Hayaghat, District Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha For the Opposite Party/s : Mr. Sadanand Paswan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 27-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,341,323,379 and 504 of the Indian Penal Code and section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The prosecution case is that fifty rupees of the informant was snatched by co accused Ajay Jha which resulted into scuffle when Ajay Jha dragged the informant to the house of the petitioner when the petitioner abused the informant by calling caste name and made assault with fists and slaps. Co accused Pawan Kumar Jha and Mrityunjay Jha put rope around the neck of the informant and co accused Kari Jha snatched gold locket. It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.3856 of 2016 (2) dt.27-01-2016 2/2 that the thrust of accusation is against Ajay Jha and Kari Jha. The accusation is omnibus and general. It is further submitted that for the occurrence of 3.6.2015 the FIR was registered on 18.6.2015 which reached to the court of the Incharge Judicial Magistrate on 22.6.2015 which clouds the bonafide of the accusation. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. More over, co accused persons have been granted anticipatory bail by the learned Sessions Judge after going through the case diary.

Considering the delayed lodging of the case, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Darbhanga in connection with Hayaghat P.S. Case No. 51 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Anil/- U T