Pankaj Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62245 of 2022 Arising Out of PS. Case No.-151 Year-2022 Thana- ROSERA District- Samastipur ====================================================== 1.
PANKAJ KUMAR JHA SON OF LATE RAM SAGAR JHA R/O PANCHGAMA, P.S.- ROSERA, SAMASTIPUR, BIHAR.
2.
DHIRAJ KUMAR JHA SON OF NAMO NARAYAN JHA R/O PANCHGAMA, P.S.- ROSERA, SAMASTIPUR, BIHAR.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Piyush Kumar Pandey For the Opposite Party/s :
Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 At the outset, learned counsel for the petitioners seeks permission to withdraw this anticipatory bail application in respect of petitioner no.1, Pankaj Kumar Jha as he has already been arrested by the police during pendency of this application. Permission is granted.
Accordingly, this anticipatory bail application is dismissed as withdrawn so far as petitioner no.1, Pankaj Kumar Jha is concerned.
Heard both sides.
Petitioner No.2 apprehends his arrest in connection with Rosera P.S. Case No.151 of 2022, registered for the offences punishable under Sections 341, 323, 325, 379, 307,
Patna High Court CR. MISC. No.62245 of 2022(2) dt.10-01-2023 2/3 504, 506 and 34 of the Indian Penal Code.
Petitioner No.2, Dhiraj Kumar Jha is said to have assaulted the informant by means of khanti on his head causing bleeding injury.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that though there is allegation that petitioner has assaulted the informant by means of khanti on his head, but the injury sustained by the informant is simple in nature, which is also clear from the impugned order. It is also submitted that prayer for grant of anticipatory bail of the petitioners was rejected on the ground that the injuries were found on the vital part of the body.
Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.
Considering the facts aforesaid, let petitioner no.2, namely, Dhiraj Kumar Jha in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of
Patna High Court CR. MISC. No.62245 of 2022(2) dt.10-01-2023 3/3 the like amount each to the satisfaction of learned C.J.M., Samastipur in connection with Rosera P.S. Case No.151 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T