Sanjay Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20564 of 2017 Arising Out of PS.Case No. -984 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Sanjay Jha, S/o Navkant Jha @ Lal Sahab, Resident of Village- Kahra, P.S. Saharsa, District- Saharsa.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Shashank Shekhar Jha, Advocate.

For the Opposite Party : Ms. Anusuiya Jaiswal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends his arrest in Saharsa Sadar P.S. Case No. 984 of 2016 registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and under Section 27 of the Arms Act.

The informant alleged that the petitioner and other accused persons caught him. Firstly the petitioner fired at the informant but the informant saved himself, thereafter, Aditya Jha fired but the informant saved himself. Thereafter all the accused persons are alleged to have assaulted the informant with fists and slaps.

Learned counsel for the petitioner submits that the present case has been filed at the instance of the informant of Sadar P.S. Case No. 565 of 2016. The police found the implication

Patna High Court Cr.Misc. No.20564 of 2017 (3) dt.13-07-2017 2/2 of the petitioner in Saharsa P.S. Case No. 565 of 2016 false and he was enlarged on personal bond. It is further submitted that no injury was found on the person of the informant. The occurrence took place on 19.11.2016 but the FIR was lodged on 20.11.2016. Co-accused Sunny Jha has already been enlarged on anticipatory bail by learned Sessions Judge, Saharsa. Co-accused Aditya Jha another accused has been granted regular bail vide order dated 16.01.2017 passed in Cr. Misc. No.1311 of 2017. The case of the petitioner stands on the same footing.

Considering the facts aforesaid the petitioner above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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, Saharsa in Saharsa Sadar P.S. Case No. 984 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T