Ramagya Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32689 of 2017 Arising Out of PS.Case No. -53 Year- 2012 Thana -MANSURCHAK District- BEGUSARAI ====================================================== Ramagya Jha Son of Late Brahamdeo Jha, Resident of Village- Bachhwara, P.S.- Bachhwara, District- Begusarai.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Adv. For the Opposite Party/s : Mr. Manoj Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Mansoorchak P.S.Case No. 53/2012 registered under Sections 147, 148, 149, 331, 323, 307, 332, 353, 427, 379 and 337 of the I.P.C. and section 27 of the Arms Act.

Regarding sustaining injury by the three persons due to firing on Scorpio vehicle Mansoorchak P.S.Case No. 53/2012 was instituted on the basis of the written report of Kishore Kumar, Officer In-charge of Mansoorchak P.S. against 4 to 5 unknown. Later on two injured died and on the basis of the written report of Prem Kumar Choudhary, brother of one of the deceased, namely, Arbind Choudhary, Mansoorchak P.S.Case No. 54/2012 was instituted against ten named persons indulging in firing. Later

Patna High Court Cr.Misc. No.32689 of 2017 (3) dt.10-08-2017 on both the cases were amalgamated.

The submission is that neither the petitioner is named in the F.I.R. or in the second F.I.R. lodged by Prem Kumar Choudhary, brother of the deceased. Later on, in course of investigation Rajiv Choudhary, who is named in the second F.I.R., disclosed the name of the petitioner as his associate without any specific overt act, except that there is nothing against the petitioner. Further submission is that the petitioner has no criminal antecedent and the similarly situated co-accused, namely, Ramod Kunwar and Hareram Choudhary, whose name has also been disclosed by the co-accused, have already been granted anticipatory bail by this Court in Cr.Misc.No. 44081/2016.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate 1st, Begusarai in connection with Mansoorchak P.S.Case No. 53/2012, subject to the conditions laid down under Section 438(2) Cr.P.C.

Surendra/- (Rajendra Kumar Mishra, J) U