Baua Jha @ Ashish Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78660 of 2023 Arising Out of PS. Case No.-448 Year-2022 Thana- SUPAUL District- Supaul ====================================================== BAUA JHA @ ASHISH ANAND SON OF SUMAN JHA VILLAGE AND POST- PARSARMA P.S. AND DISTRICT -SUPAUL STATE BIHAR PIN 852130 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Jha, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in a case in connection with Supaul P.S. Case No. 448 of 2022 dated 04.05.2022 registered for the offence/s punishable u/ss 341, 323, 307, 504 and 379 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have assaulted the informant with Belcha due to that he severely injured and fell down and thereafter, the other co-accused persons along with 10-12 unknown persons armed with various weapons came there and they also assaulted the informant. When the

Patna High Court CR. MISC. No.78660 of 2023(2) dt.22-01-2024 2/2 informant's son came to rescue, he was also assaulted by the accused persons.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. As per supplementary affidavit filed on behalf of the petitioner, the injury report of the informant issued by the Sadar Hospital, Supaul, is stated to be simple in nature. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the injury being simple in nature, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Supaul in connection with Supaul P.S. Case No. 448 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T