Patna High CourtCR. MISC./59617/2024bail granted

Madhav Jha @ Madhav Kumar Jha v. The State Of Bihar

2024-09-11Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59617 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- LAUKAHA District- Madhubani ====================================================== Madhav Jha @ Madhav Kumar Jha, Male, aged about 26 years, Son of Krishn Kumar Jha @ Kishun Jha, Residents of Village- Belha, PS- Laukaha (Lalmania), Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 11-09-2024 Heard Mr. Ramchandra Jha Raman, learned counsel appearing on behalf of the petitioner and Mr. (Dr.) Ajeet Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Laukaha (Lalmaniya) P.S. Case No. 49/2024 registered for the offence(s) punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein armed with lethal weapon had assaulted the brother of the informant, namely, Vishnudev Yadav with an intention to kill.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely

Patna High Court CR. MISC. No.59617 of 2024(2) dt.11-09-2024 2/3 been implicated in the present case. General and omnibus allegation has been made against the petitioner. No overt act has been alleged against the petitioner, nor any injury is attributable to the petitioner that the same has been caused as a result of assault of the petitioner on the body of the brother of the informant. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR to be general and omnibus against the petitioner and also the fact that petitioner has clean antecedent, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jhanjharpur, District, Madhubani in connection with Laukaha (Lalmaniya) P.S. Case No. 49/2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Patna High Court CR. MISC. No.59617 of 2024(2) dt.11-09-2024 3/3

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T