Abhishek Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52992 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- DALSINGHSARAI District- Samastipur ====================================================== 1.

Abhishek Kumar Jha S/ Sahjanand Jha Resident Of Village- Ghatoh, P.S.- Gatho, District- Samastipur 2.

Sahjanand Jha S/O Late Narmdeshwar Jha Resident Of Village- Ghatoh, P.S.- Gatho, District- Samastipur 3.

Vedanand Jha S/O Late Narmdeshwar Jha R/O Village- Ghatoh, P.S.- Gatho, District- Samastipur ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Siddharth Aditya, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-11-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 307, 379, 504,506/34 and other ancillary sections of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners assaulted the informant's husband with iron rod, sticks as a result of which he sustained injury on the head, nose and jaw. Accused persons also abused the informant's family members and threatened them not to file complaint.

4. Allegation of assault is general and omnibus against these petitioners and no specific overt act has been alleged against them. Parties are gotia and due to land dispute, simple marpit took place between them in which both sides sustained injuries. Doctor has found simple injury.

5. Considering the aforesaid facts of the case, prayer

Patna High Court CR. MISC. No.52992 of 2023(3) dt.08-11-2023 2/2 for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Dalsinghsarai, Samastipur in Dalsinghsarai Police Station Case No. 131 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T