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Patna High CourtCR. MISC./70862/2025allowed

Barun Kumar Jha @ B. K. Jha @ Varun Kumar Jha @ V. K. Jha v. The State Of Bihar

2025-10-13Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70862 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- BIHRA District- Saharsa ====================================================== Barun Kumar Jha @ B. K. Jha @ Varun Kumar Jha @ V. K. Jha S/oShambhu Nath Jha R/o- Rahua Tulsiyahi W.No-4, Ps- Bihra Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the O.P. No.2 :

Ms. Nirmala Kumari, APP For the Informant :

Mr. Prasoon Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-10-2025 Heard learned counsel for the petitioner, learned counsel for the informant and Ms. Nirmala Kumari, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 329(30, 118(20, 119(1), 119(2), 351(2) and 3(5) of the B.N.S. and under Section 27 of the Arms Act.

3. The case of the prosecution is that the petitioner started firing at the elder brother of the informant, namely, Tarakant Jha and it is further alleged that a that time, Ahilya Devi also arrived. The petitioner fired at her also.

4. Learned counsel for the petitioner has submitted that there is land dispute between the parties. It has also been

Patna High Court CR. MISC. No.70862 of 2025(3) dt.13-10-2025 2/3 submitted that the land belongs to the petitioner and the informant has hired the criminals to dispossess the petitioner. Learned counsel for the petitioner has submitted that though there is allegation that the petitioner has fired at Tarakant Jha and Ahilya Devi but from perusal of the learned trial court it is clear that Ahilya Devi and Tarakant Jha have received injuries caused by hard and blunt substance. Learned counsel for the petitioner has submitted that injury which has been received by Tarakant Jha does not co-relate with the allegations and as far as Ahilya Devi is concerned, the injury has been caused to her on her thigh. Learned counsel for the petitioner has lastly submitted that the petitioner is in judicial custody since 16.04.2025.

5. Learned counsel for the informant is present and he has vehemently opposed the bail and has submitted that the petitioner is having criminal antecedent of 7 cases and there is direct allegation against the petitioner of firing.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihra P.S. Case No. 79 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.70862 of 2025(3) dt.13-10-2025 3/3 each to the satisfaction of learned J.M. 1st Class, Saharsa. (Ashok Kumar Pandey, J) durgesh/- U T