Partly allowed

Rakesh Kumar Jha v. The State of Bihar

Patna HC30 Aug 2022CR. MISC./19482/2022

Case brief

AI extract

What is this about?

In Cr. Misc. No. 19482 of 2022, the Patna High Court refused anticipatory bail to petitioner no. 1, directing surrender for regular bail. It granted temporary bail to other petitioners facing omnibus assault allegations, subject to surrender within six weeks.

What did the court decide?

Anticipatory bail refused to petitioner no. 1; directed to seek regular bail. Bail granted to petitioners nos. 2, 3, and 4 contingent on surrender within six weeks.

Rakesh Kumar Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19482 of 2022

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Arising Out of PS. Case No.-228 Year-2021 Thana- SAKRI District- Madhubani

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

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RAKESH KUMAR JHA Son of Late Jateshwar Jha Resident of village - Chauri, P.S.- Sakri, District - Madhubani.

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Khushbu Jha Wife of Rakesh Kumar Jha Resident of village - Chauri, P.S.Sakri, District - Madhubani.

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Munni Devi Wife of Late Jateshwar Jha Resident of village - Chauri, P.S.Sakri, District - Madhubani.

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Dipak Kumar Jha @ Dipak Chaudhary Son of Govind Chaudhary Resident of village - Bhalpatti, P.S.- Sadar, District - Darbhanga.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Ravi Ranjan For the Opposite Party/s : Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 30-08-2022

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Heard learned counsel for the petitioners, the State

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and the informant.

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Petitioners apprehend arrest in registered for the offences punishable under Sections 307/379 and other allied sections of the Indian Penal Code.

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It is submitted on behalf of the petitioners that as per the FIR, petitioner no.1 assaulted with dabia as a result of which informant and his father received injury which was dangerous to life. There is general and omnibus allegation of assault against rest petitioners and no specific overt act has been alleged against them.

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Patna High Court CR. MISC. No.19482 of 2022(2) dt.30-08-2022 2/2

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Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

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Considering the nature of allegation, prayer for bail to petitioner no.1 is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

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As there is general and omnibus allegation of assault against petitioner nos. 2, 3 and 4, in the event of arrest/surrender within six weeks from today, let these petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Sakri Police Station Case No. 228 of 2021, subject to the conditions laid down under sections 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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shashi/-

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U T

Rakesh Kumar Jha v. The State of Bihar

Case brief

What is this about?

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Rakesh Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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