Satyanarayan Jha @ Sasnarayan Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32116 of 2016 Arising Out of PS.Case No. -74 Year- 2016 Thana -RAJNAGAR DistrictMADHUBANI =====================================
1. Satyanarayan Jha @ Sasnarayan Jha, Son of Late Munna Jha.
2. Ram Jha, Son of Late Munna Jha.
3. Shyam Jha, Son of Late Munna Jha.
4. Mithilesh Jha @ Nakhur Jha, Son of Ram Jha.
5. Suraj Kumar Jha @ Suman Jha, Son of Laxman Jha. All resident of Village-Mangarpatti, P.S.-Raj Nagar, DistrictMadhubani. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ===================================== Appearance :
For the Petitioner/s : Mr. Raj Kumar, Adv. For the State : Mr. Braj Kishore Prasad, Adv. For the Informant : Mr. Gagan Deo Yadav, Adv. ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Rajnagar P.S. Case No. 74 of 2016,
Patna High Court Cr.Misc. No.32116 of 2016 (2) dt.26-08-2016 2/3 disclosing offences under Sections 147, 149, 341, 323, 324, 307, 342, 379 and 504 of the Indian Penal Code. From the First Information Report, it transpires that the informant's side and the side of the accused entered into some quarrel over cutting of Bamboo. Learned counsel for the petitioners has submitted that the allegations, made in the First Information Report, are exaggerated version of what has actually happened. He has also submitted that counter case has also been lodged, giving rise to Rajnagar P.S. Case No. 85 of 2016. He has further contended that there is no chance that the petitioners would be fleeing from the course of investigation, if allowed the privilege of anticipatory bail.
Learned counsel for the informant, while opposing the prayer of anticipatory bail, has submitted that the injuries have been found to be grievous in nature and, therefore, the petitioners do not deserve grant of anticipatory bail.
Be that as it may be, considering the genesis of occurrence and nature of accusation, this application is allowed. Let the petitioners, above named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of
Patna High Court Cr.Misc. No.32116 of 2016 (2) dt.26-08-2016 3/3 Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Madhubani, in connection with Rajnagar P.S. Case No. 74 of 2016 (G.R. No. 724 of 2016), subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners, above named, shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Praveen-II/- U T