Allowed

Nagendra Jha and Ors. v. The State Of Bihar

Patna HC22 Feb 2019CR. APP (SJ)/4196/2018

Case brief

AI extract

What is this about?

The Patna High Court disposed of two criminal appeals seeking anticipatory bail. The court released the appellants on bail by furnishing bonds with sureties, subject to conditions under Section 438(2) Cr.P.C., quashing the impugned order.

What did the court decide?

Appellants released on bail worth Rs. 25,000 each with two sureties of the like amount under Section 438(2) Cr.P.C.

Nagendra 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.3999 of 2018

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Arising Out of PS. Case No.-71 Year-2018 Thana- SAHIYARA District- Sitamarhi

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Raushan Jha @ Roshan Jha @ Rajeev Raushan Jha @ Rajiv Raushan, Son of Nagendra Jha, Village – Gulariya Tola, P.S. - Sahiyara, District – Sitamarhi.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

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

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with

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Criminal Appeal (SJ) No. 4196 of 2018

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Arising Out of PS. Case No.-71 Year-2018 Thana- SAHIYARA District- Sitamarhi

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

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Nagendra Jha, Son of Late Yashodhar Jha @ Jasodhar Jha

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Tuntun Jha@ Anand Kumar Jha, Son of Surejdra Jha.

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Birendra Jha @ Virendra Jha, Son of Yogendra Jha @ Bhogendra Jha. All residents of Village – Gulariya Tola, P.S. - Sahiyara, District – Sitamarhi.

... ... Appellant/s

Versus

The State Of Bihar

... ... Respondent/s

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

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Appearance : (In Criminal Appeal (SJ) No. 3999 of 2018) For the Appellant/s : Mr.Mukesh Mishra For the Respondent/s : Smt Usha Kumari No-1 (In Criminal Appeal (SJ) No. 4196 of 2018) For the Appellant/s : Mr.Mukesh Mishra For the Respondent/s : Smt Usha Kumari No-1

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 22-02-2019

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As both the above mentioned appeals arise out of same

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police station case number, they are being disposed of by this

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common order for the sake of convenience.

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The appellants in both the above mentioned appeals seek pre

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Patna High Court CR. APP (SJ) No.3999 of 2018 dt.22-02-2019 2/3

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arrest bail in connection with Sahiyara P.S. Case No. 71 of 2018, registered for offences punishable under Sections 341, 323, 324, 307, 506, 504, 379 and 34 of the Indian Penal Code and Section 3(i)(r)(s) of SC/ST Act.

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Allegation as per F.I.R. is that the appellants and others persons came to the pond of one Shambhu Tiwary and started fishing, which was objected by the informant Naraiyan Ram, who is the chowkidar of the said Shambhu Tiwary, upon which, the appellants abused him and appellant Raushan Jha inflicted farsa blow on his head and when Shambhu Tiwary, owner of the pond came, appellants also assaulted him by means of lathi, rod due to which both Shambhu Tiwary and informant sustained injuries.

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It has been submitted on behalf of the appellants in both the appeals that there is dispute between the parties with respect to the ownership of the pond. Further there is case and counter case between the parties and there is delay of four days in lodging the F.I.R. It has also been submitted that although there is allegation of assault, however, the injuries found on the persons of the injured were found to be simple in nature.

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Heard learned Special P.P. also.

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Having heard both sides, in view of the above facts, let the appellants, above named, in the event of their arrest or surrender before the Court below, be released 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

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Patna High Court CR. APP (SJ) No.3999 of 2018 dt.22-02-2019 3/3

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Judge, SC/ST Act, Sitamarhi, in connection with Sahiyara P.S. Case No. 71 of 2018, subject to the conditions laid down under Section 438 (2) of Cr.P.C.

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Accordingly, this appeal is allowed and impugned order, with respect to the appellants above named, is set aside.

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(Vinod Kumar Sinha, J)

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sunilkumar/-

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Nagendra Jha and Ors. v. The State Of Bihar

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Nagendra Jha and Ors. v. The State Of Bihar

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