Chandra Kant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50093 of 2023 Arising Out of PS. Case No.-12 Year-2023 Thana- MADHWAPUR District- Madhubani ====================================================== 1.
CHANDRA KANT JHA S/O Sury Kant Jha @ Jholi Jha, R/O VillageSaharghat, P.S- Saharghat, Distt.- Madhubani. 2.
Narayan Jha S/O Chandra Kant Jha, R/O Village- Saharghat, P.S- Saharghat, Distt.- Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti For the Opposite Party/s :
Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 11-08-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Madhwapur P.S. Case No. 12 of 2023, registered for offence punishable under sections 447, 143, 341, 323, 327, 354, 379, 504 and 506 of the Indian Penal Code.
3. As per FIR, the petitioners along with other accused persons armed with weapons came at the land of the informant and started constructing over the same. When the informant raised objection, the petitioner Chandra Kant Jha and coaccused Krishna Kant Jha assaulted him and when his brother came to rescue him, he was also assaulted. The petitioner Narayan Jha took a gold chain from the neck of informant and
Patna High Court CR. MISC. No.50093 of 2023(2) dt.11-08-2023 2/2 co-accused Indu Devi and Bachchi Devi took Rs. 5000/- from his pocket.
4. The learned counsel for the petitioners has submitted that the FIR shows itself that there is land dispute between the parties. The petitioners are the persons of clean antecedents and no injury has been mentioned in the impugned order, which shows that no one had suffered any kind of injury.
5. On the other hand, the learned APP has opposed the prayer for bail.
6. Considering the above-mentioned facts and circumstances as well as the clean antecedents and also considering that there is land dispute between the parties, let the petitioners above-named, in the event of their arrest or surrender, within four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-I, Madhubani in connection with Madhwapur P.S. Case No. 12 of 2023, subject to condition as laid down under section 438(2) Cr. P.C.
(Nawneet Kumar Pandey, J) Mahesh/- U T