Shiv Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46869 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- SINDHIYA District- Samastipur ====================================================== SHIV KUMAR JHA SON OF LATE DEVCHANDRA JHA R/O-WARI, P.S.- SINGHIA, DISTT.-SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307 and 379/34 of the Indian Penal Code pending in the learned court below.
3. As per the prosecution case petitioner along with three unknown persons is said to have assaulted the informant by means of knife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is admitted land dispute between the parties and Title Suit No. 437 of 2022 is pending before the learned Court below. He submits that the injury found
Patna High Court CR. MISC. No.46869 of 2023(2) dt.25-08-2023 2/2 upon the victim is simple in nature . He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes for prayer for bail.
6. Considering the aforesaid facts and circumstances and the fact that the injury found upon the victim is simple in nature, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Singhia P.S. Case No.232 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) ajay/- U T