Gopal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48065 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -BAHADURPUR District- PATNA ======================================================

1. Gopal Jha son of Sri Shashi Kant Jha, Resident of Village- Danga Pachhuari Tola, Police Station- Arer, District- Madhubani. At present Resident of Mohalla- Veena Bhawan, Vanaspati Nagar, Police StationBahadurpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Advocate For the Opposite Party/s : Mr. Rina Sinha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-11-2015 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 379, 504/34 of the Indian Penal Code. The prosecution case is that on 05.07.2015 the informant was going to bank to deposit the installment of the loan of the Sumo vehicle, when co-accused Pandey Jee restrained and the petitioner assaulted the informant from the butt of the pistol on his nose and took out Rs. 22,000/- from his pocket.

It is submitted by the learned counsel for the petitioner that Bahadurpur P.S. Case No. 77 of 2015 was registered at behest of the petitioner on 06.07.2015 against the

Patna High Court Cr.Misc. No.48065 of 2015 (2) dt.05-11-2015 informant and thereafter the present case was registered on 08.07.2015. Though the fardbeyan of the informant was recorded on 05.07.2015. The injury on the nose of the informant has been found to be grievous, but the case has been registered under Sections 341, 323, 325, 379, 504/34 of the Indian Penal Code. The case of the petitioner was filed at the earlier point of time. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, 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 twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sri Sushant Ranjan, Judicial Magistrate, Ist Class, Patna City, Patna, in connection with Bahadurpur P.S. Case No. 80 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Dinesh Kumar Singh, J) P.K./- U T