Tribhuvan Kumar Jha @ Tribhuwan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83302 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- BAHADURPUR District- Darbhanga ====================================================== Tribhuvan Kumar Jha @ Tribhuwan Kumar Jha Son of Ram Lala Jha @ Ramlala Jha Resident of Village- Dekuli, PS- Bahadurpur, District -Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No 13 For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-04-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 224, 126(2), 115(2), 132, 352, 351(2) and 3(5) of the Indian Penal Code.

3. The allegations made in the First Information Report by the Sub-Inspector of Police is that while he had gone to the house of the petitioners and others with regard to the investigation in Bahadurpur P.S. Case No.308 of 2024, the two accused persons being Murari Kumar Jha and Tripurari Kumar Jha took the notice under Section 35(3) of the B.N.S.S. from the hands of the informant and tore it away and even indulged in

Patna High Court CR. MISC. No.83302 of 2024(3) dt.29-04-2025 2/3 unparliamentary behavior with the informant. It has been further alleged that in the meantime, the present petitioner also arrived and all three brothers together started hurling abuses and assaulted the informant of Bahadurpur P.S. Case No.308 of 2024 in the presence of the informant. On objection made by the present informant, they also indulged in hurling abuses and obstructed the public duty and in respect of the same, two accused persons named Murari Kumar Jha and Tripurari Kumar were taken into custody, while the present petitioner fled away.

4. The learned counsel for the petitioner submits that the present petitioner has been made an accused in this case only on account of the fact that he is the brother of the other two accused persons. As a matter of fact, the petitioner was not present in the place of occurrence and that is the reason why he could not be taken into custody. It has further been pointed out that the Bahadurpur PS Case No. 308 of 2024 is also related to a case arising out of a land dispute filed by the uncle of the petitioner.

5. Learned APP opposes the prayer for the bail also on the grounds that the petitioner has two criminal antecedents, in response to which, learned counsel for the petitioner submits that the petitioner is on bail in both the cases.

Patna High Court CR. MISC. No.83302 of 2024(3) dt.29-04-2025 3/3

6. Taking into consideration the facts and circumstances and also that the petitioner was not present at the scene of occurrence, let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M-V, Darbhanga, in connection with Bahadurpur P.S. Case No.310 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482 (2) of the B.N.S.S., 2023 and subject to the further condition that the petitioner shall cooperate in the investigation/trial. (Soni Shrivastava, J) sharun/- U T