Amar Jha @ Amar @ Amar Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53665 of 2016 Arising Out of PS.Case No. -80 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== Amar Jha @ Amar @ Amar Kumar Jha, S/o Upendra Jha @ Kunwar Jha, R/o village- Sirisiya, P.S.- Bhargama, District-Araria .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Rajesh Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case instituted for the offences punishable under Sections 341, 323, 324, 379, 307 and 504/34 of the Indian Penal Code.
It is alleged in the written report that on 19.06.2016 the informant had gone at the residence of Shailendra Jha where petitioner Amar Jha came, and started scuffling and on protest, he caused serious injury on right finger of the informant by teeth biting due to which the part of the finger got amputated. The father of the informant came to save him, then co-accused, namely, Upendra Jha assaulted with lathi on his head and blood started oozing out.
It has been submitted on behalf of the petitioner that both parties are cousin brothers and there is case and counter case
Patna High Court Cr.Misc. No.53665 of 2016 (2) dt.14-12-2016 2/2 between the parties. It has further been submitted that father of this petitioner has also filed a case against the informant of this case vide Complaint Case No. 1201C of 2016 dated 22.06.2016 before the Court of learned Chief Judicial Magistrate, Araria. It has further been submitted that father of the petitioner has been granted anticipatory bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 36645 of 2016 passed on 17.09.2016. The injury report has been filed as Annexure-3 where doctor has found teeth bite. However aforesaid injury was opined as grievous in nature. It has been submitted that petitioner is in custody since 25.10.2016.
Keeping in view that there is land dispute between the parties and both parties are agnates and there is case and counter case between the parties and the father of the petitioner has already been granted anticipatory bail by Co-ordinate Bench of this Court vide Cr. Misc. No. 36645 of 2016 passed on 17.09.2016, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Araria in connection with Bhargama P.S. Case No. 80 of 2016.
(Sanjay Priya, J.) ravi/- U T