Jibindra Jha @ Jibendra Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55342 of 2024 Arising Out of PS. Case No.-96 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Jibindra Jha @ Jibendra Kumar Jha S/O Hardev Jha Residen Tof VillageGaruara, P.S.- Muffasil, Distt.- Samatipur 2.
Manish Kumar Jha @ Manish Kumar Son Of Jibindra Jha @ Jibendra Kumar Jha Residen Tof Village- Garuara, P.S.- Muffasil, Distt.- Samatipur 3.
Vikash Kumar Jha @ Vikash Jha Son Of Rabindra Kumar Jha @ Rabindra Jha Residen Tof Village- Garuara, P.S.- Muffasil, Distt.- Samatipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Samastipur (Muffasil) P.S. Case No. 96 of 2022 registered under Sections 307, 379 and other allied sections of the Indian Penal Code.
3. As per prosecution case, these petitioners are alleged to have assaulted brother of informant by means of iron rod, as a result of which he sustained injury.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners are innocent and have falsely been implicated in the present case due to enmity. Allegation of assault is general and omnibus. The doctor has found the injury simple in nature. Similarly situated co-accused persons have
Patna High Court CR. MISC. No.55342 of 2024(2) dt.20-09-2024 2/2 already been granted bail by this Court vide order dated 05.05.2023 passed in Cr. Misc. No. 69415 of 2022. Petitioners claim clean antecedent.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application and submits that petitioners are named in the First Information Report. There is specific allegation of assault against these petitioners.
6. Having considered the aforesaid facts and circumstances of the case as well as nature of injury and similarly situated co-accused persons have already been granted bail, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bailbonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Samastipur in connection with Samastipur (Muffasil) P.S. Case No. 96 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Singh, J) utkarsh/- U T