Lalit Kumar Jha @ Lalit Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56510 of 2024 Arising Out of PS. Case No.-412 Year-2022 Thana- ROSERA District- Samastipur ====================================================== Lalit Kumar Jha @ Lalit Jha S/O- Sudhir Jha Resident of Village- Nande Nagar, P.S.- Rosera, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pratik, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Rosera P.S. Case No.412 of 2022 instituted under Sections 341, 323, 379, 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, when the informant was returning home at 9:00 p.m. on 24.11.2022, 10-12 persons covering their faces surrounded him and started abusing and snatching his belongings. The informant identified five accused persons including the petitioner. It is further alleged that the petitioner fired upon the informant which hit on his hand.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is a delay of about ten days in lodging F.I.R. without any

Patna High Court CR. MISC. No.56510 of 2024(3) dt.25-09-2024 2/2 plausible explanation. The injury report of the informant does not corroborate the story of prosecution, as no firearm injury has been found on the body of informant. It is further submitted that due to land of a math, other two cases have been lodged against the petitioner out of which in one case, final form has been submitted by the police. In the present case also, final form has been submitted by the police, however, learned trial court has taken cognizance against the petitioner and other accused persons. The petitioner is a school teacher and he undertakes to cooperate in the investigation and the trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Rosera at Samastipur in connection with Rosera P.S. Case No.412 of 2022, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure, 1973. Harish/- (Sunil Dutta Mishra, J) U T