Amod Ojha @ Amod Kumar Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51160 of 2022 Arising Out of PS. Case No.-181 Year-2020 Thana- KATEYA District- Gopalganj ====================================================== AMOD OJHA @ AMOD KUMAR OJHA S/o Ramayan Ojha R/o VillageAmahi Banke, P.S.- Kateya, District- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satyendra Rai, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-09-2022 Heard the parties.

Petitioner is an accused in connection with Kateya Mahila PS Case No. 181/2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 of the IPC. He has renewed his prayer for bail inasmuch as earlier bail application of the petitioner was dismissed as withdrawn vide order dated 22.02.2022 passed in Cr. Misc. No. 33785/2021 with an observation that the petitioner may renew his prayer for bail after six months.

Allegation as per FIR is that the petitioner along with other accused persons assaulted the members of the prosecution side and specific allegation against the petitioner is that he assaulted by means of Lathi upon Mustafa Ansari. Learned counsel for the petitioner submits that there is

Patna High Court CR. MISC. No.51160 of 2022(2) dt.28-09-2022 2/3 no allegation against the petitioner that he assaulted the deceased and the only allegation against him is that he assaulted one Mustafa Ansari by means of Lathi who has not received any injury as stated in para-10 of the instant petition. He next submits that petitioner is in custody since 15.01.2021 and other accused persons have been granted anticipatory as well as regular bail by the co-ordinate Benches of this Court vide Cr. Misc. Nos. 13917 and 299 of 2021.

Regards being had to the submissions made by the parties, taking into consideration period of custody and the fact that this is the second attempt for bail on behalf of the petitioner, other co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, namely, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-VIII, Gopalganj in connection with Kateya PS Case No. 181/2020 giving rise to S.Tr. No. 170/2022, subject to the conditions that the petitioner shall not indulge himself in tampering with the evidences and he will be well represented on each and every date in the trial and

Patna High Court CR. MISC. No.51160 of 2022(2) dt.28-09-2022 3/3 if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

(Anil Kumar Sinha, J) perwez U T