Aditya Jha @ Chhotu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66763 of 2019 Arising Out of PS. Case No.-165 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== 1.

Aditya Jha @ Chhotu Jha, aged about 23 years, Male, S/o Sanjay Jha, Resident of Kahra (Belha), P.S.- Saharsa, District- Saharsa. 2.

Dilkhush Jha, aged about 18 years, Male, S/o Late Sushil Jha Resident of Kahra (Belha), P.S.- Saharsa, District- Saharsa. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Pranav Kumar Jha, Advocate.

For the Opposite Party :

Mr.Ashraf Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 384, 435, 427 of the I.P.C. and 27 of the Arms Act. The prosecution story, in brief, is that seven named and 10-11 unknown including the petitioners lashed with deadly weapons came at the house of the informant and told to vacate the land or to give Rangdari and started cutting the Jack fruit (Kathal) tree which was protested by the informant, then other co-accused persons fired upon him causing injury. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.66763 of 2019(2) dt.22-10-2019 2/2 petitioners that the petitioners are languishing in custody since 01.09.2019. The petitioner no. 2 has got no criminal antecedent. The petitioners have falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioners. General and omnibus allegation has been made against the petitioners. Allegation of firing is alleged against four accused persons. No specific overt act of injury is attributed against the petitioners. As per the injury report, only two injuries are said to have been found on the victim caused by single fire shot.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in connection with Saharsa Sadar P.S. Case No. 165 of 2019.

(Sudhir Singh, J) U.K./- U T