← Library
Patna High CourtCR. MISC./9914/2017bail granted

Girish Kumar @ Girish Kumar Jha @ Girish Jha And ORS v. The State Of Bihar

2017-03-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9914 of 2017 Arising Out of PS.Case No. -304 Year- 2016 Thana -TAJPUR District- SAMASTIPUR ======================================================

1. Girish Kumar @ Girish Kumar Jha @ Girish Jha,

2. Nitish Kumar Jha,

3. Shailendra Jha @ Shailendra Kumar Jha, all sons of Late Pitamber Jha, of village Mujauna, P.S.- Tajpur Waini, O.P., District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. G.K.Jha Mr. B.B.Jha For the Opposite Party/s : Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Tajpur Waini O.P., P.S.Case No.304 of 2016 registered for offences punishable under Sections341, 323, 324, 307, 379/34 of the Indian Penal Code.

It is submitted on behalf of the petitioners that the petitioners are only order-giver and the accused persons, who had assaulted, have already been granted anticipatory bail vide order dated 08.02.2017 passed in Cr. Misc. No.3203 of 2017, which will appear from Annexure-04 of this application.

Heard learned A.P.P. also.

Having heard both sides and in view of the fact that other-

Patna High Court Cr.Misc. No.9914 of 2017 (2) dt.09-03-2017 2/2 accused persons have already been granted bail by this Court, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of A.C.J.M.-I, Samastipur in connection with Tajpur Waini O.P., P.S. Case No.304 of 2016, G.R.No.2579 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U