Amirka Ojha @ Amerika Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52706 of 2024 Arising Out of PS. Case No.-207 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Amirka Ojha @ Amerika Ojha S/O Late Ram Ayodhya Ojha R/O VillageMananpur, P.S- Govindganj, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2024
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Trial No. 2136 of 2023 arising out of Govindganj P.S. Case No. 207 of 2023 dated 12.04.2023 registered for the offence(s) punishable under Section(s) 341, 323, 308 and 504 of the Indian Penal Code.
3. Learned counsel appearing for the petitioner submits that petitioner is innocent and as a matter of fact the petitioner is the uncle of the informant and there is a land dispute between them with regard to partition of land and as such no occurrence took place as alleged in the FIR and during the course of investigation, the petitioner was given a benefit
Patna High Court CR. MISC. No.52706 of 2024(3) dt.29-08-2024 2/3 under Section 41(1) of Cr.P.C. It is further submitted that petitioner has got no criminal antecedent and the investigation against him is completed.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Having considered the submissions made above and mainly the facts that during the investigation the petitioner was given a benefit under Section 41(1) of Cr.P.C. and was chargesheeted for the offences under Sections 341, 323 & 504 of IPC and later on the learned trial court took cognizance of the offence under Section 308 of the IPC in addition to the chargesheeted offences and as per Annexure- P/3, both the parties have entered into a compromise and further taking into account the petitioner's fair and clean antecedent and the completion of investigation against him, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, 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 in connection with Trial No. 2136 of 2023 arising out of Govindganj P.S. Case No. 207 of 2023 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.52706 of 2024(3) dt.29-08-2024 3/3 satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T