Allowed

Mani Kant Jha and Ors. v. The State Of Bihar

Patna HC26 Feb 2019CR. APP (SJ)/4173/2018

Case brief

AI extract

What is this about?

In an appeal for pre-arrest bail, the Supreme Court allowed the appeal and set aside the impugned order, directing the appellants to surrender within six weeks to be released on bail subject to conditions under Section 438(2) of the Cr.P.C.

What did the court decide?

Appellants to surrender within six weeks; release on bail on furnishing bonds of Rs. 25,000 each with two sureties of like amount.

Mani Kant Jha and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.4173 of 2018

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Arising Out of PS. Case No.-61 Year-2018 Thana- SINGHIYA District- Samastipur

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======================================================

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Mani Kant Jha S/o Late Upendra Jha,

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Kashi Kant Jha son of Mani Kant Jha

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Suman Ji Jha @ Sumanjit Jha son of Mani Kant Jha

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Jhuna Jha, son of Mani Kant Jha, All resident of Village- Sreepu Mauna, P.S.- Singhia, District- Samsatipur.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

====================================================== Appearance : For the Appellant/s : Mr. Vinay Kumar Mishra For the Respondent/s : Smt Usha Kumari No-1

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======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 26-02-2019

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The appellants seek pre-arrest bail in connection with Singhia P.S. Case No. 61 of 2018, registered for offences punishable under Sections 323, 325, 341/34 of the Indian Penal Code and Section 3(r)(s) of SC/ST Act.

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Allegation against the appellants is that they surrounded the informant and abusing him by caste name and allegation against appellant no.1 is of badly assaulted to the informant causing fracture injury and when the wife of the informant came to save him, she also assaulted by appellant nos. 3 & 4 by iron rod causing injury to her and allegation against appellant no.2 is of assault to the daughter of the informant.

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Patna High Court CR. APP (SJ) No.4173 of 2018 dt.26-02-2019 2/2

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Submission of learned counsel for the appellants is that there is land dispute between the parties and earlier also two cases were lodged by the informant. It further appears that all injuries are simple, except one.

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Heard learned Special P.P. also.

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Having heard both sides, considering the facts and circumstances of the case as stated above, let appellants, above named, be surrendered within a period of six weeks and on surrender they will release on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned 1^st Additional Sessions Judge, Samastipur, in connection with Singhia P.S. Case No. 61 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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Accordingly, this appeal is allowed and the impugned order is set-aside.

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(Vinod Kumar Sinha, J)

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Amjad/-

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Mani Kant Jha and Ors. v. The State Of Bihar

Case brief

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Mani Kant Jha and Ors. v. The State Of Bihar

Case brief

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What did the court decide?

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