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Patna High CourtCR. MISC./63491/2021bail granted

Bhav Narayan Jha v. The State Of Bihar

2022-07-18Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63491 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== BHAV NARAYAN JHA Son of Dev Chandra Jha Resident of VillageMahmadpur, P.S.- Benipatti, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Advocate For the Opposite Party/s :

Mr. DR. MRITYUNJAYA, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2022 No one appears on behalf of the informant when the matter was taken up in pre-lunch session and again after post-lunch, also no one appears on behalf of the informant. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 326, 307, 302 and 120(B) of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case of the year 1993 and he is about 85 years old. Learned counsel next submits that petitioner is innocent and now he is nearing his grave and has been falsely implicated in the present case alleging that he was one of the order givers out of the three.

Patna High Court CR. MISC. No.63491 of 2021(3) dt.18-07-2022 2/2 Learned counsel placed reliance on the order dated 07.07.2022 in Cr. Misc. No. 72547 of 2021 and submits that petitioner is identically situated like accused Musafir Singh who was granted the privilege of anticipatory bail by this Bench.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner but is not able to meet the submission of the learned counsel for the petitioner that similarly situated co-accused has been granted anticipatory bail by the aforesaid order.

Considering the submissions made by the learned counsel for the petitioner and relying on the order dated 07.07.2022 in Cr. Misc. No. 72547 of 2021, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Benipatti P.S. Case No. 67 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Kundan/- U T