Suman Ji Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68041 of 2018 Arising Out of PS. Case No.-73 Year-2018 Thana- SINGHIYA District- Samastipur ====================================================== Suman Ji Jha, S/o Mani Kant Jha, resident of Village- Sreepur Mauan Singhia, P.S.- Singhia, District- Samastipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Vinay Kumar Mishra, Advocate.

For the Opposite Party :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 147, 148, 224, 225, 307, 323, 338, 332, 333, 337, 341, 353 and 504 of the IPC. The prosecution story, in brief, is that other coaccused persons put resistance before the police party which has arrested this petitioner Suman ji Jha, an accused of Singhia P.S. Case No. 61 of 2018 and assaulted the police party by bricks and got freed this petitioner Suman Ji Jha from the police custody in the occurrence. Some of the member of police party sustained injuries on their person.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court Cr.Misc. No.68041 of 2018(3) dt.19-12-2018 2/2 present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The allegation is that brick-batting had taken place in course of occurrence. There is no injury report in the case diary to suggest whether offence under Section 307 of the IPC is made out or not. No specific overt act is alleged against the petitioner. General and omnibus allegation has been made against the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-V, Rosera, Samastipur, in connection with Singhia P.S. Case No. 73 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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