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Patna High CourtCR. MISC./84264/2023allowed

Saurabh Kumar Jha @ Sarabh Kumar Jha @ Saurav Kumar Jha v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84264 of 2023 Arising Out of PS. Case No.-173 Year-2023 Thana- NAUHATTA District- Saharsa ====================================================== Saurabh Kumar Jha @ Sarabh Kumar Jha @ Saurav Kumar Jha Son Of Suman Jha R/O Vill - Muradpur, P.S. - Nauhatta, Distt. - Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 324, 307, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, it is alleged that the petitioner along with co-accused has assaulted the informant with iron rod, thereafter, the petitioner took out a country-made katta and threatened the informant with dire consequences, if the informant makes any complaint against them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.84264 of 2023(2) dt.11-01-2024 2/2 there is no specific overt act against the petitioner. There is specific allegation against co-accused, Gaurav Jha and Gautam Jha and the injury was found simple in nature. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, arguments of the parties and there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Nauhatta P.S. Case No. 173 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T