Dhiraj Jha @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39238 of 2024 Arising Out of PS. Case No.-397 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Dhiraj Jha @ Dhiraj Kumar Son of Late Shambhu Jha R/O VillageDharampur, Jarang, P.S.- Vaishali, (O.P. Belsar), Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hemant Kumar, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Vaishali PS Case No.397 of 2023 dated 15-09-2023, instituted under Sections 341,323, 324, 354B, 307/34 of the Indian Penal Code.

3. As per allegation in the FIR, the petitioner along with co-accused, namely, Pankaj Jha assaulted the informant by means of Gandasa on his head and ear. They also assaulted the brother of informant, namely, Sanjay Jha by means of Gandasa on his head.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner and informant are agnates

Patna High Court CR. MISC. No.39238 of 2024(2) dt.03-07-2024 2/2 and there is land dispute between the parties. It is submitted that a Title Suit bearing T. S. No. 09 of 2021 has been pending between the parties. It is submitted that there is specific allegation against the petitioner that he assaulted with Gandasa on the head of the informant and his brother, but the injury report revealed that the said injury is caused by hard and blunt substance and nature of injury is mentioned as simple. Lastly, it is submitted that petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM Vaishali at Hajipur, in Vaishali PS Case No.397 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T