Urmilesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37350 of 2020 Arising Out of PS. Case No.-550 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Urmilesh Jha S/o Nand kishor Jha R/o Village- Bina Babhangama, Ward No,

14. P.S.- Supaul, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-02-2021 Heard the learned counsel for the petitioner and Sri Dinesh Singh, the learned APP for the State.

The petitioner seeks regular bail in connection with Supaul PS case no. 550 of 2019 instituted for the offence punishable under Sections 341, 323, 307, 379, 504, 506/34 of Indian Penal Code.

The allegation is regarding altercation having been taken place in between both the parties on account of dispute regarding opening of window, whereafter the petitioner is stated to have inflicted a knife blow on the brother of the informant resulting in him receiving grievous injuries. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and

Patna High Court CR. MISC. No.37350 of 2020(2) dt.02-02-2021 2/3 is languishing in custody since 06.07.2020. The learned counsel for the petitioner has further submitted that the present case arises out of case and counter case and infact, the father of the petitioner has also been inflicted a knife blow on his head by the members of the prosecution party.

Per contra, the learned APP for the State and the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant has submitted that the petitioner be imposed with strict conditions, in case the Court decides to grant the privilege of bail to the petitioner, inasmuch as he might again engage in altercation with the members of the prosecution party if he comes out of custody.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that the petitioner is having a clean antecedent and is languishing in custody since 06.07.2020, I deem it fit and appropriate to release the abovenamed petitioner on bail, however subject to certain conditions.

Accordingly, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.37350 of 2020(2) dt.02-02-2021 3/3 Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul PS case no. 550 of 2019. This Court further directs that the petitioner herein shall appear before the Officer-in-charge of the concerned police station on each and every Monday of the week at 10.00 AM and co-operate with the Investigating Officer and in case of two consecutive defaults in appearing before the said Officer-incharge, the present privilege of bail being granted to the petitioner herein shall stand cancelled automatically and the petitioner would be taken into custody forthwith. (Mohit Kumar Shah, J) rinkee/- U T