Anant Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42985 of 2023 Arising Out of PS. Case No.-113 Year-2023 Thana- BAHERA District- Darbhanga ====================================================== 1.
ANANT KUMAR JHA Son of Mithilesh Jha Resident of village - Nawada, P.s. - Bahera, Distt. - Darbhanga 2.
Sumant Kumar Jha @ Kailash Jha Son of Mithilesh Jha Resident of village - Nawada, P.s. - Bahera, Distt. - Darbhanga 3.
Saroj Kumar Jha Son of Late Kishun Jha Resident of village - Nawada, P.s. - Bahera, Distt. - Darbhanga ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kumar, Adv.
For the Opposite Party/s :
Mr.Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable u/s 341, 323, 324, 307, 379, 34 of the IPC.
3. As per the prosecution case, petitioners along with other accused persons attacked the informant's side by means of Tengari, kulhar, Talbar etc. and took away 5 bhari gold and Rs. Five Lakhs.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case due to
Patna High Court CR. MISC. No.42985 of 2023(2) dt.10-08-2023 2/2 ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioners is not specific rather general and omnibus in nature. There is case and counter-case between the parties and both sides have sustained injuries, which were found simple in nature, which is clear from Annexure-3 series of the bail petition. Petitioners have no criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since the injuries are simple in nature, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Bahera P.S. Case No.113 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T