Allowed¶17

Avinash Kr Jha @ Avinash Kumar Jha v. The State of Bihar

Patna HC9 Apr 2024CR. MISC./713/2024

Case brief

AI extract

What is this about?

Avinash Kr Jha @ Avinash Kumar Jha bail order, Patna HC CR. MISC. No.713 of 2024, dt. 09-04-2024, Justice Rajesh Kumar Verma; Kazi Mohammadpur P.S. Case No. 383 of 2023, FIR 15.09.2023, Muzaffarpur; IPC Sections 341, 323, 307, 353, 504; smart prepaid meter change obstructed, pipe assault; bail bond Rs. 10,000/-, two like sureties, A.C.J.M. 1st (East) Muzaffarpur; Section 438(2) CrPC conditions; trial attendance, tampering and antecedent-verification conditions.

What did the court decide?

Prayer for bail allowed: on arrest or surrender within thirty days, petitioner to be released on bail on a bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st (East), Muzaffarpur, subject to Section 438(2) CrPC conditions and the additional conditions stated in the order.

Avinash Kr Jha @ Avinash Kumar Jha Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who is apprehending arrest in Kazi Mohammadpur P.S. Case No. 383 of 2023 (offences punishable under Sections 341, 323, 307, 353 and 504 IPC), should be granted bail.

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Court's answer

In the event of arrest or surrender before the court below within a period of thirty days from receipt of the order, the petitioner is to be released on bail.

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Ratio / Principle

Bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.C.J.M., 1st (East), Muzaffarpur, in connection with Kazi Mohammadpur P.S. Case No. 383 of 2023.

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Key takeaways

Release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure and to further conditions imposed by this order.ratio¶19
Petitioner shall remain physically present as directed by the court; on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.ratio¶20
If the petitioner tampers with the evidence or the witnesses, the prosecution will be at liberty to move for cancellation of bail.

Detailed headnote1 paragraphs

Patna High Court, CRIMINAL MISCELLANEOUS No.713 of 2024 (Rajesh Kumar Verma, J; order dated 09-04-2024): Petitioner Avinash Kr Jha @ Avinash Kumar Jha, apprehending arrest in Kazi Mohammadpur P.S. Case No. 383 of 2023 (Muzaffarpur), F.I.R. dated 15.09.2023, for offences punishable under Sections 341, 323, 307, 353 and 504 IPC. Prosecution case: while the informant went to the petitioner's house to change his meter to a smart prepaid meter, the petitioner forcibly stopped the change and assaulted him with a pipe. Petitioner's counsel claimed he was innocent and falsely implicated, noting injured persons Pankaj Kumar and Subhas Kumar suffered simple injuries caused by a hard and blunt substance; the Additional Public Prosecutor opposed bail citing direct and specific allegations and one prior criminal antecedent, conceding the petitioner is on bail in that pending matter. Held: on arrest or surrender before the court below within thirty days, petitioner to be released on bail on furnishing a bond of Rs. 10,000/- (Ten Thousand) with two like sureties to the satisfaction of the learned A.C.J.M., 1st (East), Muzaffarpur, subject to Section 438(2) CrPC conditions plus conditions requiring trial attendance (cancellation of bond on absence on two consecutive dates without sufficient reason), prohibiting tampering with evidence or witnesses, mandating verification of criminal antecedents with cancellation steps upon concealment, while directing that acceptance of bail bonds not be delayed for verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.713 of 2024

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Arising Out of PS. Case No.-383 Year-2023 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur

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

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Avinash Kr Jha @ Avinash Kumar Jha Son of Surendra Jha R/o vill - Parao Pokhar, Lane no. 2, Aamgola, P.s - Kazi Mohammadpur, Distt. - Muzaffarpur

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Shekhar Sharma, Advocate For the State : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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3 09-04-2024

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Heard Mr. Chandra Shekhar Sharma, learned

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counsel for the petitioner and Dr. Indiwar Kumari, learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Kazi Mohammadpur P.S. Case No. 383 of 2023, F.I.R. dated 15.09.2023 for the offences punishable under Sections 341, 323, 307, 353 and 504 of the Indian Penal Code.

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According to prosecution case, when the informant along with other went to the house of the petitioner for changing his meter to smart prepaid meter, the petitioner forcibly stop the process of changing the meter and assaulted him with pipe.

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Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

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Patna High Court CR. MISC. No.713 of 2024(3) dt.09-04-2024 2/3

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present case. He further submits that from a bare perusal of the FIR it appears that petitioner has assaulted to Pankaj Kumar and Subhas Kumar. He further submits that although both of the them have received the injuries but injury report of the injured persons suggests that the injury is simple in nature caused by hard and blunt substance.

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Learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner on the ground that there is direct and specific allegation against the petitioner that he has assaulted to the Pankaj Kumar and Subhas Kumar and apart from that petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of the paragraph 3 of the bail petition that the petitioner is on bail in the pending matter.

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Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1^st (East), Muzaffarpur in connection with Kazi Mohammadpur P.S. Case No. 383 of 2023, subject to the

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Patna High Court CR. MISC. No.713 of 2024(3) dt.09-04-2024 3/3

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conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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ajay/-

Avinash Kr Jha @ Avinash Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Avinash Kr Jha @ Avinash Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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