Chandan Jha @ Shashiranjan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74085 of 2018 Arising Out of PS. Case No.-95 Year-2017 Thana- BELSAND District- Sitamarhi ====================================================== Chandan Jha @ Shashiranjan Jha, S/o Harishankar Jha, R/o Village- Belsand Ward No. 9, P.S.- Belsand, District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha For the Opposite Party/s :

Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 307, 447, 120(B)/34, 504 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that while the informant was returning from a fair, the accused persons, variously armed, attacked on him and any how he saved his life. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No one is said to have injured in the present case. Hence, no offence under Section 307 IPC is made out. Rest of

Patna High Court Cr.Misc. No.74085 of 2018(2) dt.17-12-2018 2/2 the offences are triable by the Magistrate.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/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) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Belsand P.S. Case No. 95/17, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T