Raj Jha @ Raj Kumar Jha And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 38545 of 2016 Arising out of P.S. Case No. - 447 Year - 2015 Thana - BIRAUL District - DARBHANGA ======================================================
1. Raj Jha @ Raj Kumar Jha, Son of Sachchu Jha
2. Suraj Jha @ Surya Jha, Son of Sachchu Jha Both are resident of village - Uchhati, Police Station - Biraul, District - Darbhanga .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Girish Chandra Jha, Advocate For the Opposite Party: Mr. Lakshmi Kant Sharma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 17-09-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 341, 323, 324, 307, 354, 380, 504 and 506 of the Indian Penal Code registered in connection with Biraul P.S. Case No. 447 of 2015.
3. It is submitted that the petitioners have been falsely implicated and in any event the injuries sustained by the informant and his wife are simple in nature. The injury reports showing the injuries caused by hard blunt substance belie the accusation of assault by the petitioners with Tengari and Farsa. Petitioners claim clean antecedents.
4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Biraul (Darbhanga) in connection with Biraul P.S. Case No. 447 of 2015,
Patna High Court Cr.Misc. No.38545 of 2016 (2) dt.17-09-2016 2/2 subject to the conditions as laid down under Section 438(2) Cr.P.C. and also subject to the following further conditions- (i) One of the bailors of each of the petitioners shall be their close relative other than the petitioners herein. (ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall cooperate with the investigation and made themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioners shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
Kundan/BT (Vikash Jain, J.) U T