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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66418 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- RAIYAM District- Darbhanga ====================================================== Monu Jha @ Monu Kumar Jha Son of Rajesh Jha Residents of VillageFulkahi, ward no. 2 P.S.- Raiyam, District- Darbhanga, Pin- 847337 ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Himanshu Jha Son of Lalit Jha R/O Vill.- Fulkahi, Ward no. 2, P.S.- Raiyan, Dist.- Darbhanga, Pin- 847337 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kaushalesh Choudhary, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Raiyam P.S. Case No. 38 of 2024 registered for the offences punishable under Sections 447 & 506 of the Indian Penal Code and Section 27 of the Arms Act.

3.

As per prosecution case, allegation against the petitioner is of open firing and threatening the informant that he will kill him as well as his entire family.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case

Patna High Court CR. MISC. No.66418 of 2024(2) dt.01-10-2024 2/2 due to village politics. It is submitted that parties are agnates. Learned counsel further submits that no one sustained fire arm injury, during the alleged incident. Learned counsel submits that petitioner resides at Kolkata for his livelihood and he has no concern with the alleged occurrence. Nothing has been recovered from the possession of the petitioner. Petitioner bears one criminal antecedent.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the rival submissions made by the learned counsel for the parties, let the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Raiyam P.S. Case No. 38 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Rudra Prakash Mishra, J) Raj Kishore/- U T