Order granting bail to petitioner Manoj Jha in a criminal case concerning assault, directing him to furnish a bond and provide sureties to the Chief Judicial Magistrate, Madhubani.
Petitioner directed to be released on bail on furnishing bond of Rs.10,000 with two sureties to the satisfaction of Chief Judicial Magistrate, Madhubani.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25052 of 2014
Arising Out of PS. Case No. -16 Year- 2013 Thana -BABUBARHI District- MADHUBANI
====================================================== MANOJ JHA @ MANOJ KR. JHA , S/O SRI GANESH JHA RESIDENT OF VILLAGE SARRA, POLICE STATION BABUBARHI, DISTRICT MADHUBANI.
.... .... PETITIONER/S VERSUS THE STATE OF BIHAR .... .... OPPOSITE PARTY/S ====================================================== Appearance: For the Petitioner/s : Mr. Rajesh Kumar, Adv. For the State : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER
Heard learned counsel for the petitioner as
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well as learned Additional Public Prosecutor.
Petitioner had inflicted ‘Farsa’ blow over head of informant while Batohi gave rod blow, Puniya Nand Jha, Kali Jha, Balbhadra Jha unsuccessfully attempted to take out eye and during course thereof, Sheo Kumar Das was also assaulted for which Ramesh Kumar Das @ Ramesh Kumar Karn had filed written report. The basis for registration for instant case.
It has been submitted on behalf of petitioner that being an Ex-surpanch informant happens to be well aware with the implication, application of Penal Code and on account thereof, such kind of assertion has been made in the written report which is found
Patna High Court Cr.Misc. No.25052 of 2014 (2) dt.21-08-2014
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falsified from Annexure-2, the injury report belonging to informant Ramesh Kumar Karn as well as Sheo Kumar Das. From the order impugned it is also evident that learned lower court had not perceived any of the injuries to be grievous or dangerous to life having on the person of either of the injured. it has also been submitted that prosecution party were the aggressor and on account thereof, petitioner had lodged FIR on the basis of which Babu Barhi P.S. Case No.15 of 2013 was registered and soon thereafter, after coming to know about the same instant case has been filed. Also submitted that petitioner happens to be under custody since 20.12.2013.
The learned Additional Public Prosecutor opposed the prayer and submitted that criminal antecedent of petitioner is itself incorporated in the order impugned. Nature of injury is immaterial for application of Section 307 of the IPC and as such, presence of simple injury over the person of informant as well as his brother cannot be taken into consideration as a hindrance in application of Section 307 of the IPC.
Patna High Court Cr.Misc. No.25052 of 2014 (2) dt.21-08-2014
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Accordingly, petitioner Manoj Jha @ Manoj Kr. Jha is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Babubarahi P.S. Case No.16 of 2013 .
(Aditya Kumar Trivedi, J.)
PN/-
U T
Manoj Jha @ Manoj Kr. Jha
The State of Bihar
Aditya Kumar Trivedi
As recorded by the court registry
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