Gautam Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56678 of 2023 Arising Out of PS. Case No.-82 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Gautam Kumar Jha, Son Of Sudhir Jha @ Sudhir Kumar Jha @ Tunna Village- Benipatti Ps- Benipatti Dist- Madhubani ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Subhash Kumar Jha For the Opposite Party/s :
Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-02-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 447, 341, 323, 504, 307, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that the petitioner along with others in a drunken condition had a fight with him when he had gone to attend a function, but on intervention of the father of the petitioner, the matter was resolved, but later, the petitioner along with others came and started firing upon the informant, but he was saved.
Patna High Court CR. MISC. No.56678 of 2023(4) dt.21-02-2024 2/3
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is also submitted that though there is allegation of firing, but then, no one was hurt, nor there is any injury report on record. It is further submitted that by order dated 10.10.2023, injury report along with case diary was called for. Thereafter, a reminder was sent on 23.01.2024, but still the injury report has not been received.
5. After perusing the record, it manifests that the Superintendent of Police, Madhubani vide his Letter No.4449 dated 02.11.2023, addressed to the Assistant Registrar of this Court, has recorded that there is no injury report of any of the injured either from a Government Hospital or a Private Hospital. The said letter of the Superintendent of Police, Madhubani clearly demonstrates that no one was injured in the occurrence and the case appears to be concocted.
6. Learned A.P.P. opposes the bail application.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees
Patna High Court CR. MISC. No.56678 of 2023(4) dt.21-02-2024 3/3 Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Benipatti, Madhubani in connection with Benipatti P. S. Case No.82 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
8. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T