Mritunjay Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40849 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- LAHERIYASARAI District- Darbhanga ====================================================== Mritunjay Kumar Jha Son of Bhagwan Jha @ Anil Kumar Jha R/O Vill.- Kabilpur, P.S.- Bhadurpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 10-06-2024 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.

2. The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 202 of 2024 registered for the offence under Sections 448, 353, 504, 506/34 of the I.P.C.

3. The petitioner is named in the F.I.R. and is in custody since 28.04.2024.

4. The allegation against the petitioner is to advance threat to public servant/informant and also to deter him to discharge his official duty, while he was in

Patna High Court CR. MISC. No.40849 of 2024(2) dt.10-06-2024 2/3 office on the date of occurrence at 6 P.M.

5. Learned counsel appearing on behalf of the petitioner submitted that the informant and petitioner were known to each other prior to occurrence and when the petitioner asked for completion of civil work to informant, who is an Executive Engineer, Building Construction Department, Darbhanga, the present false case was lodged. It is submitted that the allegations prima-facie appears very vague as nature of weapon is not specified, and same is only to aggravate the allegation against the petitioner. It is submitted that during the course of investigation notice under Section 41(1) of the Cr.P.C was also issued against the petitioner but due to certain family problems he could not appear before the police on the fixed date of appearance, therefore he was arrested subsequently on 28.04.2024, while concluding argument it is submitted that the petitioner is a man of clean antecedent.

6. Learned APP opposes the prayer of bail.

Patna High Court CR. MISC. No.40849 of 2024(2) dt.10-06-2024 3/3

7. In view of aforesaid facts and circumstances as the FIR prima-facie not suggesting any act on behalf of the petitioner which may suggest to deter informant to discharge his official duties, let the petitioner, above named, is directed to be released on bail in connection with Laheriasarai P.S. Case No. 202 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) Sudha/- U T