Mukesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73905 of 2024 Arising Out of PS. Case No.-37 Year-2021 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.

Mukesh Kumar Jha S/O Lalan Jha @ Lal Narayan Jha R/O Village and P.SGhoghardiha, Distt.- Madhubani. 2.

Lalan Jha @ Lal Narayan Jha S/O Rati Kant Jha R/O Village and P.SGhoghardiha, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratnakar Jha, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard Mr. Ratnakar Jha, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State. 2.

The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3.

As per the FIR, the allegation against the petitioners is that they assaulted the informant and his son by means of knife, blade and iron rod.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather

Patna High Court CR. MISC. No.73905 of 2024(2) dt.28-10-2024 2/2 general and omnibus in nature. There is a case and counter case between the parties and both sides have sustained simple injuries. There is also an admitted land dispute between the parties. There is no specific overt act against the petitioners. Petitioner no.1 has two criminal antecedent and petitioner no.2 has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghoghardiha P.S. Case No.37 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T