In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner arrested under IPC Section 385 for a shooting case, noting litigating terms between parties despite criminal antecedents.
Released on bail furnishing a bond of Rs. 10,000 with two sureties of like amount to the CJM, Saharsa.
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Patna High Court Cr.Misc. No.47274 of 2012 (2) dt.15-01-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47274 of 2012
====================================================== Rohit Jha @ Rohit Kumar Jha, Son of Surendra Mohan Jha, Resident of Village- Muradpur, P.S. Nauhatta, District- Saharsa. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 2 15-01-2013 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has been arrested in connection with Saharsa (Sadar) P.S. Case No. 92 of 2011 registered under Section 385 and other allied Sections of Indian Penal Code. It is alleged that 10-20 accused persons including this petitioner came and fired on Bhagwan Thakur. However, one injury found on the person of Bhagwan Thakur.
Learned counsel for the petitioner submits that both parties are litigating terms and full brother of the petitioner has also been filed a case against Bhagwan Thakur. It is further submitted that petitioner is in jail custody since 29. 03. 2012.
Learned counsel for the State however, opposed the prayer for bail of the petitioner and contends that petitioner has criminal antecedent.
However, both parties are litigating terms and both sides have filed the case against each other.
Patna High Court Cr.Misc. No.47274 of 2012 (2) dt.15-01-2013
Having regard to the facts and circumstances of the case, the above named petitioner is directed to 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 the Chief Judicial Magistrate, Saharsa, in connection with Saharsa (Sadar) P.S. Case No. 92 of 2011.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner is entitled to释放 on bail considering the mutual nature of the conflict and criminal antecedents.
1 provisions across 1 enactments
Rohit Jha @ Rohit Kumar Jha
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
