Raj Kumar Ojha @ Babai Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30456 of 2017 Arising Out of PS.Case No. -276 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Raj Kumar Ojha @ Babai Ojha, s/o Vishwanath Ojha, R/o Village- Ojha Patti, Semaria, P.S.- Shahpur, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sheo Jee Mishra For the Opposite Party/s : Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends arrest in connection with Shahpur P.S. Case No. 276 of 2016 registered under Sections 341, 323, 354(A)(B), 447 and 504/34 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner submits that on perusal of Annexure nos. 2 and 3, it appears that earlier a case was lodged against Umesh Ojha (Bhaisur) and Bagish Ojha, in which petitioner was the writer of the case, who has inimical term and thereafter, one more case was lodged by Bagish Ojha against the petitioner, in which the police submitted the final form against the petitioner. The present case is lodged in retaliation of the earlier cases, in which petitioner was a witness.
Patna High Court Cr.Misc. No.30456 of 2017 (4) dt.06-10-2017 2/2 In course of investigation, the supervising authority found the case false against the petitioner.
Having considered the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Bhojpur in connection with Shahpur P.S. Case No. 276 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T