Harshvardhan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34064 of 2020 Arising Out of PS. Case No.-478 Year-2020 Thana- SAHARSA District- Saharsa ====================================================== Harshvardhan Jha Son of Lalan Jha Resident of Village- Shiv Nagar, Tiwari Tola, Bye- Pss Road, Ward No.33, P.S. and District Saharsa ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra :

Ms.Kalpna Kusum For the Opposite Party/s :

Mr.Nand Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Saharsa Sadar P.S. Case No. 478 of 2020 registered for the offence punishable under Sections 147, 148, 149, 307, 504, 506 and 509 of the Indian Penal Code and Section 27 of the Arms Act.

It is the prosecution's case that the informant's daughter sustained firearm injury when two persons riding in a motorcycle were chasing two other persons riding in another motorcycle and had fired a shot, which had hit the informant's daughter. The F.I.R. was registered against unknown. The

Patna High Court CR. MISC. No.34064 of 2020(3) dt.19-01-2021 2/3 petitioner's name surfaced during the course of investigation with the allegation that the petitioner was one of the miscreants who were riding the motorcycle by which they were chasing the other two persons.

Learned counsel appearing on behalf of the petitioner has argued that the petitioner has no criminal antecedent and there is no specific allegation of any overt act against this petitioner nor anything specific incriminating material has surfaced against him during the course of investigation.

Considering the aforesaid submission, this application is allowed.

Let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Saharsa in Saharsa Sadar P.S. Case No. 478 of 2020.

It is however observed that if the petitioner is found involved in any other criminal case, the prosecution shall be required to approach this Court for cancellation of bail granted by virtue of the present order. Let a copy of the present order be communicated to the Superintendent of

Patna High Court CR. MISC. No.34064 of 2020(3) dt.19-01-2021 3/3 Police, Saharsa.

(Chakradhari Sharan Singh, J) AKASH/- U T