Saheb Jha @ Kundan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62634 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- JHAJHA District- Jamui ====================================================== Saheb Jha @ Kundan Jha Son of Dhananjay Jha Resident of Village - Purani Bazar Jhajha, P.S.- Jhajha, District - Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajesh Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has filed the instant application for grant of bail in connection with Jhajha P.S. Case No. 195 of 2019 (District Jamui) registered for the offence punishable under sections 147,148,149,458,307,384 and 506 of the Indian Penal Code and section 27 of the Arms Act.
As per the allegation in the FIR, the petitioner is alleged to have fired upon the informant which missed but which hit one Rupesh. The reason for the occurrence is said to be the differences between the petitioner and the informant as the informant had married the petitioner's sister. It is submitted by learned counsel for the petitioner that for the same occurrence two FIR one being Jhajha P.S. Case No. 194 of 2019 which has been brought on record as Annexure
Patna High Court CR. MISC. No.62634 of 2019(3) dt.20-11-2019 2/2 2 to the bail application and another being instant case were registered by Rupesh Kumar Jha. It is further submitted that in Jhajha P.S. Case No. 194 of 2019 the petitioner has been enlarged on regular bail and as the instant FIR being Jhajha P.S. Case No. 195 of 2019 is arising out of the same occurrence, the petitioner be granted bail.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner as also the fact that the petitioner has been enlarged on regular bail in Jhajha P.S. Case No. 194 of 2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 195 of 2019 (District Jamui). (Partha Sarthy, J) Prakash/- U T