Premchandra Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38331 of 2020 Arising Out of PS. Case No.-127 Year-2017 Thana- GHOGHARDIHA District- Madhubani ====================================================== Premchandra Jha, aged about 38 years (Male), Son Of Mohan Jha Resident Of Village - Ghoghardiha, P.S. - Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in connection with Ghoghardiha P.S. Case No.127 of 2017, G.R.no.1830 of 2017 registered for the offence under Sections 447, 341, 323, 324 and 307 of the Indian Penal Code.

As per allegation in the FIR, while the informant was sleeping at his door, all the accused persons, namely, Prakash Jha assaulted with Tangi at head, Pren Chandra Jha stabbed on whole body and Mohan Jha, Dhruv Jha & Kanhaiya Jha also assaulted with iron road and Danda to the informant. Learned counsel for the petitioner submits that the petitioner has committed no offence and he has falsely been implicated in the present case due to village politics. He further

Patna High Court CR. MISC. No.38331 of 2020(4) dt.01-11-2021 2/2 submits that the present case is counter blast of Ghoghardiha P.S. Case No.125 of 2017 instituted by Prakash Jha against the informant and others under Section 307 of the IPC. He further submits that although Police has not sent up to the petitioner in the jail but the cognizance has been taken by the court below under Section 307 of the IPC along with other Sections. However, learned APP for the State vehementally opposed the prayer for anticipatory bail.

In the facts and circumstances of the case, in the event of his arrest or surrender before the court below within six weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Jhanjharpur, District- Madhubani in connection with Ghoghardiha P.S. Case No.127 of 2017/G.R.No.1830 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajesh Kumar Verma, J) Brajesh Kumar/- U T