Raj Kumar Jha @ Raju Kumar Jha @ Raju Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.32300 of 2014 (4) dt.10-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32300 of 2014 Arising Out of PS.Case No. -17 Year- 2014 Thana -RUDRAPUR District- MADHUBANI ======================================================

1. Raj Kumar Jha @ Raju Kumar Jha @ Raju Jha, son of Late Prabhunath Jha.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Bilash Roy Raman, Adv. For the State : Mr. Ram Priya Sharan Singh (App) For the Informant Mr. Rajesh Kumar Verma, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Rudrapur P.S. Case No. 17 of 2014 registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code.

There is allegation against the petitioner that he gave farsa blow causing injury on the nose of the informant. The injury report of the informant reveals that he sustained grievous injury on his nose though said to be caused by hard and blunt substance. Learned counsel appearing for the petitioner submits that the police has submitted charge sheet under Sections 341, 323, 448, 325/34 of the Indian Penal Code.

Patna High Court Cr.Misc. No.32300 of 2014 (4) dt.10-04-2015 Taking note of the aforesaid facts as well as allegation levelled against the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail in connection with Rudrapur P.S. Case No. 17 of 2014 pending in the court of Sub Divisional Judicial Magistrate, Jhanjharpur, Madhubani stands rejected. However, if petitioner surrenders before the concerned court within four weeks from today and seeks regular bail, the concerned court shall consider the regular bail application of the petitioner on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that only single blow was given by the petitioner and the injury found on the nose of the informant was said to be caused by hard and blunt substance and also taking note of this fact that there was previous enmity and land dispute between the parties.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T