Aman Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56692 of 2015 Arising Out of PS.Case No. -86 Year- 2013 Thana -SC/ST PS District- DARBHANGA ======================================================

1. Aman Kumar Jha Son of Shashi Kant Jha, Resident of Village- Paghari, Police Station- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra For the Opposite Party/s : Mr. Sadanand Paswan (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-02-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of SC/ST Darbhanga Police Station Case No. 86 of 2013, disclosing offences under Sections 341, 323, 354, 504/34 of the Indian Penal Code and Section 3 (i) (x) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act, and Sections 3⁄4 of Witchcraft (Daain) Act. The petitioner is the Mukhiya of Paghari Gram Panchayat, in the district of Darbhanga.

It is submitted on behalf of the petitioner that no offence under the provisions of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act and

Patna High Court Cr.Misc. No.56692 of 2015 (2) dt.29-02-2016 2/3 Witchcraft Act is made out on the basis of the allegation as contained in the First Information Report. He further submits, referring to the First Information Report, that the dispute appears to have taken place on a petty matter between the informant and the co-accused, Radheshyam Chaudhary. He contends that the petitioner has been implicated falsely out of politics at local level, who has otherwise no criminal antecedent.

Considering the above, this application is allowed.

Let the petitioner, Aman Kumar Jha, in the event of his arrest or surrender before the Court below within six weeks, 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 Chief Judicial Magistrate, Darbhanga, in connection with SC/ST Darbhanga Police Station Case No. 86 of 2013, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be

Patna High Court Cr.Misc. No.56692 of 2015 (2) dt.29-02-2016 3/3 cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √