Patna High CourtCR. MISC./68303/2023bail granted

Digambar Jha v. The State Of Bihar

2023-10-19Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68303 of 2023 Arising Out of PS. Case No.-317 Year-2023 Thana- BELHAR District- Banka ====================================================== DIGAMBAR JHA SON OF LATE ANUPLAL JHA RESIDENT OF VILLAGE - HARPUR KALAN, POLICE STATION - BHARGAMA, DISTRICT - ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Balram Kapri For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Belhar P.S. Case No. 317 of 2023 registered for the offence under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is said to have assaulted a lady with a sharp weapon.

5. Learned counsel for the petitioner submits that the petitioner is innocent and there is no injury caused to the lady.

Patna High Court CR. MISC. No.68303 of 2023(2) dt.19-10-2023 2/2

6. Learned counsel for the petitioner further submits that the petitioner is in custody since 24.07.2023.

7. Learned counsel for the informant submits that he does not have the injury report and he prays that the case diary may be called for.

8. In the opinion of this Court, it is the duty of the learned counsel for the informant to be present with the injury report and other relevant materials when he is appearing suomotu to oppose to bail of the petitioner.

9. Learned A.P.P. has vehemently opposed the prayer for bail.

10. Considering the aforesaid facts and the period of custody, this application for regular bail is allowed.

11. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 317 of 2023.

(Sandeep Kumar, J) Vikas/- U T