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Tirthnath Jha v. The State of Bihar

Patna HC19 Aug 2019CR. MISC./51679/2019

Case brief

AI extract

What is this about?

This is an oral order in a criminal miscellaneous application seeking anticipatory bail. The High Court granted anticipatory bail to the petitioner, dismissing apprehensions of arrest in a case involving assault with an iron rod, noting delay in FIR and the nature of injury between co-sharers.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000/with two sureties.

Tirthnath Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51679 of 2019

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Arising Out of PS. Case No.-84 Year-2019 Thana- LAKHNAUR District- Madhubani

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

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TIRTHNATH JHA Son of Late Tuna Jha Resident of Village - Laufa, P.S.Lakhnaur, District - Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Mithilesh Kumar Upadhyay For the Opposite Party/s : Mr.Lalan Kumar ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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2 19-08-2019

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The petitioner apprehends his arrest in connection with Lakhnaur P. S. Case No. 84 of 2019 registered under Sections 147, 307, 323, 324, 341, 379 and 504/34 of the Indian Penal Code.

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Allegation against the petitioner is that petitioner along with other co-accused persons assaulted the informant. It has further been alleged that petitioner assaulted the informant by means of iron rod.

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Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case based upon a delayed FIR inasmuch as from perusal of FIR, it is evident that incident has taken place on 23.03.2019 whereas FIR was lodged after delay of four days i.e., on 27.03.2019. Learned counsel further submits that both parties

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Patna High Court CR. MISC. No.51679 of 2019(2) dt.19-08-2019 2/2

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are co-sharer and there is land dispute between them. Learned counsel, relying upon Annexure-2, which is injury report of the informant, submits that injury caused to the informant is simple in nature.

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After having heard learned counsel for the parties and taking into consideration the fact that injury caused to the informant is simple in nature and both parties are co-sharer and there is delay in lodging the FIR, as such I am inclined to grant anticipatory bail to the petitioner.

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Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJM 1^st , Jhanjharpur, Madhubani in connection with Lakhanour P. S. Case No. 84 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Anil Kumar Sinha, J)

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sujit/-

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U T

Tirthnath Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Tirthnath Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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