Rajiv Jha @ Rajiv Kumar Jha @ Rajov Kumar Jha @ Bhatu Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9991 of 2018 Arising Out of PS. Case No.-215 Year-2017 Thana- Sarai Ranjan District- Samastipur ======================================================
1. Rajiv Jha @ Rajiv Kumar Jha @ Rajov Kumar Jha @ Bhatu Jha,
2. Avinash Jha @ Avinash Kumar Jha @ Avinash Kumar, Both Sons of Ram Pramod Jha,
3. Ram Pramod Jha S/o Late Padarath Jha, All are R/o VillageBhojpur, P.S.- Sarairanjan, District- Samastipur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumar Praveen For the Opposite Party/s :
Mr. SRI ABHAY KUMAR ROY ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Sarairanjan P.S. case no. 215 of 2017 instituted for the offence under Section(s) 307, 323, 341, 379, 448, 504 and 506/34 of the Indian Penal Code. Learned counsel for the petitioners has submitted that both the parties are agnates. There is dispute between the parties for partition.
In the written report, it is alleged that these petitioners with other accused persons assaulted the informant and other family members with lathi and iron rod etc.
The injury report of the informant has been annexed as
Patna High Court Cr.Misc. No.9991 of 2018(2) dt.21-02-2018 2/3 Annexure-2 series to the bail petition from which, it appears that the doctor has found injury on the person of Rajesh Kumar Jha, Awadhesh Kumar Jha and Lalit Kumar Jha to be simple in nature. The injury on the person of Leela Devi was found to be grievous but the doctor has stated the cause of injury due to fall on ground and that injury report has been issued by a private doctor.
Learned counsel for the informant appeared and opposed the prayer for bail.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sarairanjan P.S. case no. 215 of 2017 (G.R. No. 3096 of 2017) they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the ACJM VI, Samastipur, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and
Patna High Court Cr.Misc. No.9991 of 2018(2) dt.21-02-2018 3/3 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and
(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) shyambihari/- U T