Vikash Jha @ Vikas Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69002 of 2023 Arising Out of PS. Case No.-76 Year-2023 Thana- CHANAN District- Lakhisarai ====================================================== VIKASH JHA @ VIKAS JHA S/O SUBODH JHA R/O VILLAGERAMPUR, P.S- CHANAN, DISTT.- LAKHISARAI. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Narsingh Tanti, Adv.
For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023
1. Heard learned counsel for the Petitioner and learned APP for the State
2. Petitioner apprehends his arrest in connection with Chanan P.S. Case No. 76 of 2023 dated 14.06.2023 registered for the offences punishable under Sections 341, 323, 504, 506, 325, 307 and 34 of the Indian Penal Code.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner has fair and clean antecedent, though he has been named in the FIR but against him there is no specific allegation and as per the prosecution's story narrated in the FIR, firstly an incident of abusing took place in between both the parties and thereafter, they indulged in throwing bricks against each other but the said allegation is not specific against the petitioner and petitioner himself lodged
Patna High Court CR. MISC. No.69002 of 2023(2) dt.01-11-2023 2/3 Chanan P.S. Case No. 75 of 2023 under Sections 341, 323, 354(B), 504 and 506/34 of the Indian Penal Code and Section 37 of the Bihar Prohibition and Excise Act against the informant and his family members prior to institution of the FIR of the present case and the present case is the counter blast of petitioner's case. Further submission is that in the present matter, three persons are stated to have sustained injuries, out of them, one namely, Praveen Kumar Jha sustained grievous injury as per his medical examination but the said injury is not specifically attributed against the petitioner and other injured persons sustained simple injuries and moreover as per FIR, no fatal weapon was used in the alleged occurrence.
4. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
5. Considering the above submissions and mainly petitioner's fair and clean antecedent and the genesis of the occurrence, this Court is inclined to accept petitioner's prayer for anticipatory bail. Accordingly, let the petitioner namedabove, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.69002 of 2023(2) dt.01-11-2023 3/3 satisfaction of the Court concerned in connection with Chanan P.S. Case No. 76 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) Maynaz/- U T