Mithilesh Jha @ Bhagwan Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36936 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -SIKTI District- ARRARIA ======================================================
1. Mithilesh Jha @ Bhagwan Jha, S/o Late Narayan Jha,
2. Prakash Jha, S/o Dinesh Jha,
3. Subhash Jha, S/o Dinesh Jha,
4. Roshan Kumar Jha, S/O Mithilesh Jha, all resident of village- Belbedi, P.S. Sikti (Bardaha), District- Araria .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP Mr. Suresh Prasad Bhakta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 15-02-2018 Heard learned counsel for the petitioners and learned APP for the State as well as counsel for the informant. Petitioners apprehend their arrest in Sikty (Bardaha) P.S. Case No.89 of 2017 instituted for the offence under Section(s) 307 and other allied sections of Indian Penal Code.
It has been submitted that both parties are Gotiyas. Occurrence has taken place on account of land dispute. There is case and counter case between the parties. It has further been submitted that other co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 13.07.2017 passed in Cr. Misc. No.31322 of 2017. From the written report, it appears that there is
Patna High Court Cr.Misc. No.36936 of 2017 (4) dt.15-02-2018 2/2 allegation that all the accused persons assaulted the informant and other family members.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sikty (Bardaha) P.S. Case No.89 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Araria, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T