Updesh Jha Vs the State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17039 of 2024

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Arising Out of PS. Case No.-276 Year-2023 Thana- BOCHAHAN District- Muzaffarpur

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

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Updesh Jha S/O Sri Rama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Awadhesh Jha S/O Sri Rama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Akhalesh Jha @ Akhiles Jha S/O Sri Rama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Kamlesh Jha @ Kamlesh Kumar S/O Sri Ram Nandan Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Pankaj Kumar @ Barka Jhunna S/O Sri Ram Nandan Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Ankaj Kumar @ Chhotaka Jhunna S/O Sri Ram Nandan Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Chhotan Jha S/O Sri Prama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Rabindra Jha S/O Sri Prama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Sanny Jha S/O Sri Prama Nand Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

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Parmanand Jha @ Prama Nand Jha S/O Late Ram Lakhan Jha R/O Village - Vajitpur @ Ram Das Majhouli, P.S- Bochahan, Distt.- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Chandra Sen Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

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3 08-08-2024

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Heard learned counsel for the petitioners and

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learned A.P.P. for the State.

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The petitioners apprehend their arrest in a case

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registered for the offences punishable under Sections 147, 148,

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Patna High Court CR. MISC. No.17039 of 2024(3) dt.08-08-2024 2/3

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149, 323, 324, 325, 307, 379, 354(B), 504 and 506 of the Indian Penal Code read with Sections 3 and 4 of the Daain Act.

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Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the informant.

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It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that Baratis were assaulted by the accused persons including the petitioners and they also outraged the modesty of a women by calling her Daain (witch). It is next submitted that since there was a traffic jam on account of the wedding procession, as such, an altercation had taken place in which both sides assaulted each other. It is next submitted that allegation of assault is general and omnibus in nature. It is next submitted that no doubt injury report reveals that six persons were injured in the case and one person received head injury, but then all the injuries are simple in nature and allegation of assault is also not specific.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

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Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

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Patna High Court CR. MISC. No.17039 of 2024(3) dt.08-08-2024 3/3

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event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bochahan P.S. Case No. 276 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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7. Accordingly, the instant anticipatory bail application stands allowed.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Updesh Jha v. the State of Bihar

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Updesh Jha v. the State of Bihar

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