Mithilesh Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52985 of 2017 Arising Out of PS.Case No. -149 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ======================================================

1. Mithilesh Jha, Son of Late Gaya Jha, null

2. Suresh Jha, Son of Late Gaya Jha,

3. Naresh Jha, Son of Late Gaya Jha, All resident of Village- Hansa Ekdwari, P.S.- Warisnagar, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Narain Sinha For the Opposite Party/s : Mr. Yogendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2017 Heard the parties.

The petitioners seek regular bail in connection with Warisnagar P.S.Case No.149 of 2017 registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code.

Petitioners are not named in the FIR and the case is under Section 302 of the IPC causing death of the father-in-law of the informant.

Submission of the learned counsel for the petitioners is that 17 persons have been named in the FIR and there is general allegation of assault against all the accused persons. They are in custody for five months.

Patna High Court Cr.Misc. No.52985 of 2017 (2) dt.21-11-2017 2/2 Heard learned A.P.P. and the learned counsel for the informant.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Samastipur in connection with Warisnagar P.S.Case No.149 of 2017. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T