Bharat Nath Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82174 of 2023 Arising Out of PS. Case No.-212 Year-2023 Thana- KUMAR KHAND District- Madhepura ====================================================== BHARAT NATH JHA S/o Late Ramchandra Jha R/o village- Sikarhatti (Sikarahatti), P.S.- Kumarkhand, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumari Rashmi For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with S.T. No. 368/2023 arising out of Kumarkhand P.S. Case No. 212 of 2023 registered on 02.06.2023 lodged under Sections 302, 120(B), 34 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against eight named accused persons and three unknown accused persons.

4. Counsel for the petitioner submits that allegation against the petitioner is of general and omnibus in nature. They have assaulted the deceased by iron rod on his head due to

Patna High Court CR. MISC. No.82174 of 2023(3) dt.05-03-2024 2/3 which he died.

5. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 02.06.2023 having one criminal case pending against him, in which he is on bail.

6. Counsel further submits that one of the accused has been granted bail by the coordinate Bench of this Court vide order dated 10.01.2024 in Cr. Misc. No. 79350 of 2023.

7. Learned counsel for the State opposes the prayer for bail.

8. Learned counsel for informant vehemently opposes the prayer for bail and submits that petitioner does not deserve bail due to the reason that charges has already been framed and evidences of prosecution witness has been started. Two of the witnesses have disclosed against the present petitioner.

9. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail after three months from today if the trial is not concluded and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. VI, Madhepura in connection with S.T. No. 368/2023 arising out of

Patna High Court CR. MISC. No.82174 of 2023(3) dt.05-03-2024 3/3 Kumarkhand P.S. Case No. 212 of 2023 subject to the conditions laid down under Section 437 (3) of the Cr.P.C. (Dr. Anshuman, J) Sunnykr/- U