Hari Shankar Jha And Ors vs State Of Bihar

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have moved the Court seeking pre-arrest bail in connection with Srinagar PS Case No. 15 of 2019 dated 19.02.2019 instituted under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

The allegation against the petitioners and four others is of assault on the informant causing injury to two persons and also of snatching of gold chain. Against petitioner no. 1, it is specific of assault by iron rod on the son of the informant and against petitioner no. 3 of snatching gold chain from the neck of the son of the informant.

Learned counsel for the petitioners submitted that the parties are agnates and there is case and counter case for the same occurrence and further that the petitioners have clean antecedent. It was submitted that during investigation, it has come that there was no such incident of any snatching of gold chain.

Learned APP, from the case diary submitted that on the son of the petitioner one injury on the head caused by hard blunt substance has been found and on another person, there is swelling on the wrist. It was submitted that against petitioner no. 1, there is specific allegation of assault by iron rod on the head of the son of the informant which is corroborated from the injury report.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within four weeks from today, the petitioners no. 2, 3 and 4 be released on bail upon furnishing bail bonds of Rs. 25,000/-(Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Madhepura in Srinagar P.S. Case No. 15 of 2019, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

However, prayer for pre-arrest bail of petitioner no. 1 namely, Hari Shankar Jha @ Faisla @ Hari Shankar Kumar, stands rejected.

The application stands disposed off.