Arvind Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66219 of 2022 Arising Out of PS. Case No.-95 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== 1.
Arvind Kumar Jha Son of Late Hardev Jha Resident of Village- Garuara, P.S.- Muffasil, District- Samastipur 2.
Rohit Kumar Jha Son of Arvind Kumar Jha Resident of Village- Garuara, P.S.- Muffasil, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dinu Kumar, Advocate Mrs. Ritika Rani, Advocate Mr. Vardaan Mangalam, Advocate For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 25-04-2023 Heard both the parties.
2. The petitioners seek bail in anticipation of their arrest in connection with Muffasil P.S. Case No. 95 of 2022, dated 01.03.2022, instituted for the offences under Sections 447, 341, 323, 324, 307 and 504/34 of the I.P.C.
3. Learned counsel for the petitioners submits that in an open firing, injury has been sustained by both parties and cross cases have been registered. The petitioners too have suffered injuries.
4. Learned APP opposes the prayer for anticipatory bail of the petitioners.
Patna High Court CR. MISC. No.66219 of 2022(2) dt.25-04-2023 2/3
5. Taking into consideration all the circumstances, I am inclined to grant anticipatory bail to the petitioners in the event of arrest, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., which are as under:- (i). The petitioners shall cooperate with the investigation and make themselves available for interrogation whenever required.
(ii). The petitioners shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer, (iii). The petitioners shall not obstruct or hamper the police investigation and not play mischief with the evidence collected or yet to be collected by the police; (iv). The petitioners shall maintain law and order; (v). The petitioners shall, at the time of execution of the bond, furnish their address and mobile number to the investigating officer, and the court concerned, and shall not change the residence till the final disposal of the case; (vi). The petitioners shall surrender his passport, if any, before the investigating officer within a week and. If they does not possess any passport, they shall file an affidavit to that
Patna High Court CR. MISC. No.66219 of 2022(2) dt.25-04-2023 3/3 effect before the investigating officer;
(vii). The petitioners shall regularly remain present during the trial and cooperate with the court to complete the trial for the above offences.
(Sanjeev Prakash Sharma, J) Amrendra/- Item No. 63 U