Anand Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27131 of 2018 Arising Out of PS. Case No.-73 Year-2017 Thana- ANDHRAMATH District- Madhubani ====================================================== Anand Mohan Jha S/o Late Kameshwar Jha, R/o vill.- Bharphori, P.S.- Andhramath, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Jha For the Opposite Party/s :

Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Andhramath P.S Case No. 73 of 2017 (G.R. No. 1198 of 2017) registered for the offences punishable under Sections 341, 323, 307, 379/34 of the Indian Penal Code.

Allegedly, the petitioner assaulted the informant with brick on his head causing fracture of head and bleeding. Submission is of false implication on that over left side forehead of the informant incised abrasion 3/4 inch covered with blood has been found which is caused by sharp pointed substance which is simple in nature. Other co-accused have been allowed pre-arrest bail, during pendency of pre-arrest bail

Patna High Court Cr.Misc. No.27131 of 2018(3) dt.17-05-2018 2/2 the petitioner was apprehended, resulting, his prayer for prearrest bail became infractuous. There is land dispute between the parties and occurrence took place when the Pleader Commissioner has visited to the place of occurrence and, as such, the petitioner deserves sympathetic consideration. Learned A.P.P. fairly submits that injury sustained by the informant is simple in nature.

In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur (Madhubani), in connection with Andhramath P.S. Case No. 73 of 2017, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T