Patna High CourtCR. MISC./54384/2019dismissed

Bhargav Kumar Jha @ Mithu Jha v. The State Of Bihar

2019-08-30Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54384 of 2019 Arising Out of PS. Case No.-848 Year-2014 Thana- SAHARSA District- Saharsa ====================================================== BHARGAV KUMAR JHA @ MITHU JHA Son of Shiva Nand Jha Resident of Mohalla- Gautam Nagar, Gangjala, Ward No.- 12, P.S.- Saharsa, DistrictSaharsa. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Jha For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-08-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Saharsa P.S. Case No. 848 of 2014 for the offence under Sections 323, 341, 447 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner has no criminal antecedent as has been stated in paragraph 3 of the application. The allegation against the petitioner is of having caught the informant with his collar. It is alleged against co-accused Himanshu Shekhar @ Bittu of having opened fire in the informant's campus. Learned counsel appearing on behalf of the petitioner has submitted that the said Himanshu Shekhar @ Bittu and another co-accused have been allowed anticipatory bail by this Court by order dated 30.03.2015 passed in Cr. Misc. No. 15050

Patna High Court CR. MISC. No.54384 of 2019(2) dt.30-08-2019 2/2 of 2015.

Be that as it may, since the petitioner has approached this Court for grant of anticipatory bail five years after lodging of the First Information Report, I am not inclined to grant him privilege of anticipatory bail. This application is accordingly rejected.

However, considering the nature of accusation, it is directed that if the petitioner surrenders before the Court below within a period of four weeks from today and seeks regular bail, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail, on the same day.

(Chakradhari Sharan Singh, J) Pawan/- U T