Patna High CourtCR. MISC./58631/2017rejected

Ashok Kumar Jha And ORS v. The State Of Bihar

2017-12-12Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58631 of 2017 ======================================================

1. Ashok Kumar Jha,

2. Lalit Jha Both are Sons of Ramanand Jha,

3. Kundan Kumar Jha S/o Lalit Jha, All No.1 to 3 are, R/o Village- Pohadi, P.S.- Bahara, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 12-12-2017 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Bahera P.S.Case No. 310 of 2016 registered under Sections 341, 323, 379, 384, 504 and 34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that the petitioners are men of clean antecedent and the offences alleged are false and concocted.

On the other hand, learned counsel appearing for the informant submitted that a misleading statement has been made in para-3 of the petition that the petitioners have clean antecedent. He submitted that the petitioner no.1 Ashok Kumar Jha has been

Patna High Court Cr.Misc. No.58631 of 2017 (2) dt.12-12-2017 2/2 made accused in Bahera P.S.Case No. 211 of 2016 and Bahera P.S.Case No. 313 of 2016 whereas petitioner no.2 Lalit Jha has been made accused in Bahera P.S.Case No. 303 of 2015 and Bahera P.S.Case No. 211 of 2016. He submitted that in Bahera P.S.Case No. 211 of 2016, on completion of investigation, the police have submitted charge-sheet against the petitioner no.1. Regard being had to the specific allegations made in the FIR against the petitioners that they forcibly assaulted the informant and took his signature on blank Stamp Paper and took away his gold chain, I am not inclined to grant them pre-arrest bail. Accordingly, the application for grant of pre-arrest bail is rejected.

(Ashwani Kumar Singh, J) Pradeep/- U T