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Patna High CourtCR. MISC./54222/2023allowed

Navin Kumar Jha v. The State Of Bihar

2023-08-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54222 of 2023 Arising Out of PS. Case No.-246 Year-2023 Thana- RANIGANJ District- Araria ====================================================== NAVIN KUMAR JHA SON OF LATE KAMALAKANT JHA R/O VILLAGE- PARIHARI, P.S- ARARIA, DISTT.- ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saroj Kumar, Adv.

For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP For the Informant :

Mr.Manish Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 149, 448, 341, 323, 324, 307, 379, 504 and 506 of the IPC.

3.

As per the prosecution case, petitioner along with other co-accused persons attacked the informant's side and assaulted them by means of various deadly weapons. Petitioner is said to have assaulted the informant's father by means of farsa on head. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Though there is

Patna High Court CR. MISC. No.54222 of 2023(2) dt.31-08-2023 2/2 allegation against the petitioner to assault the father of the informant but the injury report has not supported the prosecution case. Petitioner has no criminal antecedent. 5.

Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that petitioner has suppressed his criminal antecedent. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Raniganj P.S. Case No.246 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. 7.

However, before accepting the bail bond of the petitioner, learned Court below is directed to verify his criminal antecedent and if any criminal antecedent is found, the bail bond of the petitioner shall not be accepted.

(Anjani Kumar Sharan, J) pallavi/- U T