Patna High CourtCR. MISC./62762/2023bail granted

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

2023-10-16Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62762 of 2023 Arising Out of PS. Case No.-126 Year-2022 Thana- SHRI NAGAR District- Madhepura ====================================================== NIRMAL JHA @ NIRMAL KUMAR JHA SON OF LATE JAINATH JHA RESIDENT OF VILLAGE- BELASADI WARD NO. 03, PS- SRINAGAR, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bal Krishna Mishra, Advocate.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-10-2023 Heard Mr. Bal Krishna Mishra, learned counsel appearing on behalf of the petitioner and Mr. Md. Ataur Rahman, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Srinagar P.S. Case No. 126 of 2022 registered for the offence punishable under Sections 341, 323, 379, 324, 307 and 504/34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the petitioner along with six named accused persons armed with various weapons entered into the house of the informant and on the order of Jaynath Jha, Mithilesh Jha assaulted on the head of brother of the informant Lalit Jha causing head injury, other accused persons also assaulted other family member of the

Patna High Court CR. MISC. No.62762 of 2023(2) dt.16-10-2023 2/3 informant by means of various weapons. Both the sides got injured in the incidence.

4. Learned counsel appearing on behalf of the petitioner submits that on the alleged date of incidence i.e. on 19.10.2022, the petitioner and informant's side engaged into fierce fight in which the wife of the petitioner got brutally injured and was taken to hospital. Petitioner has been named due to enmity. No specific allegation has been made against the petitioner. He further submits that F.I.R. has been lodged on 20.10.2022 while the police station is 5 Kms away from the police station from the place of occurrence. There is case and counter case. Petitioner has clean antecedent.

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

6. Considering the nature of allegation made against the petitioner as well as the fact that the wife of petitioner got injured in the said incidence and general and omnibus allegation has been levelled against the petitioner, 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/- (Ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.62762 of 2023(2) dt.16-10-2023 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Srinagar P.S. Case No. 126 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J) mantreshwar/- U T