Allowed

Neeraj Kumar Jha v. the State of Bihar

Patna HC6 Aug 2024CR. MISC./37262/2024

Case brief

AI extract

What is this about?

Bail application by an accused charged under IPC Sections 307/386 and Arms Act provisions in a case of alleged extortion and firing at an informant's shop. Considering custody period and circumstances, the court granted bail with a condition of physical presence on every date.

What did the court decide?

Petitioner enlarged on bail on bond of Rs. 20,000 with two like sureties before C.J.M., Muzaffarpur, subject to attendance condition.

Neeraj Kumar Jha Vs the State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37262 of 2024

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Arising Out of PS. Case No.-97 Year-2023 Thana- AHIYAPUR District- Muzaffarpur

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

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Neeraj Kumar Jha, aged about 24 years (Male), Son Of Late Bhola Jha, Resident Of Village - Sahwajpur, P.S. - Ahiyapur, District – Muzaffarpur.

... ... Petitioner

Versus

The State Of Bihar

... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Mukesh Kumar Jha, Advocate For the Informant : Mrs. Smiti Bharti, Advocate For the State : Mr. Dr. Indiwar Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 06-08-2024

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P. for the State.

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The petitioner seeks bail in connection with

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Ahiyapur P.S. Case No. 97 of 2023 dated 25.01.2023 registered for the offences punishable under Sections 447, 341, 323, 307, 386, 504/34 of the I.P.C. and Sections 25(1-b)a, 27 and 35 of the Arms Act.

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As per the prosecution case, on 25.01.2023 at about 6.00 P.M., the petitioner alongwith two unknown persons came to the shop of the informant and demanded a Gutkha and when the informant demand money, the petitioner not only refused to pay but also demanded extortion money and thereafter opened fire on him from his pistol but it did not hit him. Thereafter, the

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Patna High Court CR. MISC. No.37262 of 2024(5) dt.06-08-2024 2/3

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petitioner fled away and villagers handed over two empty cartridges and motorcycle to the police.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that both parties are co-villagers and no one would dare to commit such type of crime with his covillager. The real fact is that the petitioner purchased some articles from the shop of the informant and on the point of price of articles, some scuffle took place between the parties. It is further submitted that the motorcycle which was recovered from the place of occurrence does not belong to the petitioner. The petitioner has five criminal antecedents and in all cases he is on bail as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 03.01.2024.

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Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner. Learned counsel for the informant by filing a counter affidavit has submitted that the petitioner has been made accused in ten cases but she has not filed the F.I.R. of those cases in which the petitioner has been made accused.

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Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above

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Patna High Court CR. MISC. No.37262 of 2024(5) dt.06-08-2024 3/3

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named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Muzaffarpur in connection with Ahiyapur P.S. Case No. 97 of 2023 with further condition:-

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(I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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U.K./- U T

Neeraj Kumar Jha v. the State of Bihar

Case brief

What is this about?

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Neeraj Kumar Jha v. the State of Bihar

Case brief

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