Krishnakant Jha @ Bhutai Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44315 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== Krishnakant Jha @ Bhutai Jha S/O Jhauli Jha @ Suryakant Jha R/O VillageSaharghat, P.S.-Saharghat, Distt-Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gangan Deo Yadav Mr. Ravi Prakash For the Opposite Party/s :
Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-07-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Madhwapur P.S. Case No. 12 of 2023, registered for offence punishable under sections 447, 143, 341, 323, 327, 354, 379, 504 and 506 of the Indian Penal Code.
3. As per FIR, the petitioner along with other accused persons armed with weapons came at the land of the informant and started constructing over the same. When the informant raised objection, the petitioner Krishna Kant Jha and co-accused Chandrakant Jha assaulted him and when his brother came to rescue him, he was also assaulted. Co-accused Narayan Jha took a gold chain from the neck of informant and co-accused Indu Devi and Bachchi Devi took Rs. 5000/- from his pocket.
4. The learned counsel for the petitioner has submitted that the FIR shows itself that there is land dispute between the
Patna High Court CR. MISC. No.44315 of 2024(2) dt.23-07-2024 2/2 parties. The petitioner is a person of clean antecedent and no injury has been mentioned in the impugned order, which shows that no one had suffered any kind of injury. He has further submitted that co-accused Chandra Kant Jha and Narayan Jha have been granted bail by this Court in Cr. Misc. No. 50093 of 2023.
5. On the other hand, the learned APP has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances as well as the clean antecedent and also considering that there is land dispute between the parties, let the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Madhubani in connection with Madhwapur P.S. Case No. 12 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) Nirmal/- U T