Deepak Kumar Jha @ Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64004 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Dheeraj Jha Son of Ramnaresh Jha @ Tunni Jha Resident of Village - Pirakhpur, P.S. - Bochahan, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 66627 of 2024 Arising Out of PS. Case No.-69 Year-2024 Thana- BOCHAHAN District- Muzaffarpur ====================================================== Deepak Kumar Jha @ Deepak Kumar S/o- Late Baliram Jha vill- Pirakhpura Ps- Bochaha Dist- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 64004 of 2024) For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Yogendra Kumar (In CRIMINAL MISCELLANEOUS No. 66627 of 2024) For the Petitioner/s :
Mr.Nitu Kumari For the Opposite Party/s :
Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-11-2024 Re:- Cr. Misc. No. 64004 of 2024 Learned counsel on behalf of the petitioner submits that the sole Petitioner-Dheeraj Jha of Cr. Misc. No. 64004 of 2024 has been arrested. Therefore, he seeks permission to withdraw the present application as it has
Patna High Court CR. MISC. No.64004 of 2024(3) dt.20-11-2024 2/3 became infructous.
2. Permission is granted.
3. Accordingly, Cr. Misc. No. 64004 of 2024 is withdrawn as it has became infructous.
Re:- Cr. Misc. No. 66627 of 2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bochacha (Bochahan) P.S Case No. 69 of 2024 instituted for the offence punishable under Sections 341, 323, 324, 307, 504, 506, 34 of the Indian Penal Code.
3. As per prosecution case, the allegation against the petitioner is that he had caught the informant and one Dhiraj Jha inflicted knife blow in the left side of the informant's abdomen and all accused persons also assaulted the informant with fists and slaps.
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has falsely been implicated in this case due to dirty village politics. Nothing incriminating has been recovered from the conscious
Patna High Court CR. MISC. No.64004 of 2024(3) dt.20-11-2024 3/3 possession of the petitioner.
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
6. From perusal of the F.I.R., impugned order dated 06.08.2024 and case diary, injury report it appears that there is specific allegation against the petitioner is that he had caught the informant while co-accused stabbed him with knife on the left side of abdomen of the informant. Moreover, petitioner is named in F.I.R.
7. Considering the seriousness, facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T