Raj Kumar Jha vs The State Of Bihar on 17 May, 2023

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Patna High Court - Orders

Raj Kumar Jha vs The State Of Bihar on 17 May, 2023

Bench: Anil Kumar Sinha

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4859 of 2023
                       Arising Out of PS. Case No.-263 Year-2022 Thana- MAHNAR District- Vaishali
                 ======================================================
           1.     RAJ KUMAR JHA S/o Late Sita Nath Jha R/o Village- Mahnar Sabji
                  Mandi, ward no. 11, P.S.- Mahnar, Distt- Vaishali.
           2.    Rakesh Kumar Jha S/o Late Sita Nath Jha R/o Village- Mahnar Sabji Mandi,
                 ward no. 11, P.S.- Mahnar, Distt- Vaishali.
           3.    Anil Kumar Jha S/o Late Sita Nath Jha R/o Village- Mahnar Sabji Mandi,
                 ward no. 11, P.S.- Mahnar, Distt- Vaishali.
           4.    Vicky Jha S/o Late Sita Nath Jha R/o Village- Mahnar Sabji Mandi, ward no.
                 11, P.S.- Mahnar, Distt- Vaishali.
           5.    Mukesh Jha S/o Anil Jha R/o Village- Mahnar Sabji Mandi, ward no. 11,
                 P.S.- Mahnar, Distt- Vaishali.
           6.    Amit @ Amit Jha S/o Anil Jha R/o Village- Mahnar Sabji Mandi, ward no.
                 11, P.S.- Mahnar, Distt- Vaishali.
           7.    Phulwati Devi W/o Anil Jha R/o Village- Mahnar Sabji Mandi, ward no. 11,
                 P.S.- Mahnar, Distt- Vaishali.
           8.    Rekha Devi W/o Raj Kumar Jha R/o Village- Mahnar Sabji Mandi, ward no.
                 11, P.S.- Mahnar, Distt- Vaishali.
           9.    Rani Sweety D/o Raj Kumar Jha R/o Village- Mahnar Sabji Mandi, ward no.
                 11, P.S.- Mahnar, Distt- Vaishali.
           10. Satyam @ Satyam Jha S/o Rakesh Kumar Jha R/o Village- Mahnar Sabji
               Mandi, ward no. 11, P.S.- Mahnar, Distt- Vaishali.
           11. Manju Devi W/o Rakesh Kumar Jha R/o Village- Mahnar Sabji Mandi, ward
               no. 11, P.S.- Mahnar, Distt- Vaishali.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. S. K. Lal
                                                   Mr.Nityanand
                 For the Opposite Party/s :        Mr.Ram Priya Sharan Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-05-2023

Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises Patna High Court CR. MISC. No.4859 of 2023(2) dt.17-05-2023 2/3 out of Mahnar Police Station Case No. 263 of 2022, dated 16.09.2022, disclosing offences under Sections 341/323/324/ 325/307/379/504/506/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that while the informant and his family members were sitting and gossiping in his house, the accused persons, ten in numbers, variously armed, entered into the house and assaulted the informant and his family members, due to which, some of the persons from the side of the informant sustained injuries.

Learned Counsel for the petitioners submits that both the parties are agnates and there is dispute with regard to the area of their profession. He further submits that there is case and counter case inasmuch as Mahnar Police Station Case No. 265 of 2022 has been lodged by petitioner no. 2 for the incident which has taken place on the same date and time. Referring to the supplementary affidavit, he submits that persons from both the sides have sustained injuries, grievous as well as simple, and from the side of the petitioners also, grievous injury has been caused.

Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are agnates and there is case and counter case Patna High Court CR. MISC. No.4859 of 2023(2) dt.17-05-2023 3/3 between them, I am inclined to grant the petitioners privilege of anticipatory bail.

This application is, accordingly, allowed. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Vaishali, at Hajipur, in connection with Mahnar Police Station Case No. 263 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/-

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Patna High Court - Orders