Patna High CourtCR. MISC./34685/2016rejected

Lalan Kumar Jha @ Lalan Jha And ORS v. The State Of Bihar

2016-10-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34685 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -BAHERA District- DARBHANGA ======================================================

1. Lalan Kumar Jha @ Lalan Jha S/o Shyam Bharosh Jha.

2. Shambhu Jha @ Ganne Jha Son of Late Dukhran Jha

3. Shyam Bharosh Jha Son of Late Dukhran Jha Resident of VillageKanthudih, P.S-Bahera, District-Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Adv. For the Opposite Party/s : Mr. Anant Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-10-2016 Heard both sides.

Petitioner no. 2 Shambhu Jha has already surrendered in the court.

The petitioners apprehend their arrest in Bahera P.S. Case No. 106/2016, G.R. No. 132/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.

The petitioner no. 1 Lalan Kumar Jha @ Lalan Jha was armed with spade, Shambhu Jha was armed with axe and Shyam Bharosh Jha was armed with lathi. There is allegation that Lalan Jha petitioner no. 1 and Shyam Bharosh Jha petitioner no. 3 assaulted Arun Jha, Barun Jha and wife of Ram Bharosh Jha and

Patna High Court Cr.Misc. No.34685 of 2016 (4) dt.21-10-2016 2/2 his sons.

Learned counsel for the petitioners submits that Lalan Jha and Shyam Bharosh Jha are alleged to have assaulted the family members of Ram Bharosh Jha. The informant Ram Bharosh Jha is own brother of petitioner no. 3 Shyam Bharosh Jha. There is land dispute between the parties, but it appears that six persons are injured out of which four persons got sharp-cut injury on head.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner no. 1 Lalan Jha and petitioner no. 3 Shyam Bharosh Jha on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T