Phul Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2801 of 2021 Arising Out of PS. Case No.-40 Year-2020 Thana- BALUA BAZAR District- Supaul ====================================================== PHUL JHA SON OF BHOLA JHA RESIDENT OF VILLAGE-DORARA WARD NO 03, POLICE STATION- BALUA BAZAR ( LALIT GRAM O.P), DISTRICT- SUPAUL ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pawan Kumar For the Opposite Party/s :
Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-07-2021 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with Balua Bazar (Lalit Gram O.P.) P.S. Case No. 40 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act. It has been alleged in the First Information Report that the petitioner fired from his country made weapon which hit one Raushan Kumar Jha.
Learned counsel for the petitioner has submitted that a false case has been instituted because of land dispute.
Patna High Court CR. MISC. No.2801 of 2021(2) dt.22-07-2021 2/3 There is a counter version of the occurrence and such case has been lodged by the brother of the petitioner against the informant of this case and others. There is an admitted land dispute and civil litigation is pending before the competent court between the parties. Surprisingly, it has been argued, the Medical Board which was constituted for deciphering the nature of injury has found the injury in the nature of an old scar and such injury has been reported to be simple in nature. Learned counsel for the petitioner, therefore, has urged that the accusation against him ought to be seen in the background of previous litigation between the parties and the injury report. The accusation against the petitioner of having fired from his country made weapon does not appear to be wholly correct.
Regard being had to the afore-noted facts, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.2801 of 2021(2) dt.22-07-2021 3/3 the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Supaul, in connection with Balua Bazar (Lalit Gram O.P.) P.S. Case No. 40 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Ashutosh Kumar, J) sunilkumar/- U T