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Patna High CourtCR. MISC./1939/2020allowed

Vishwanath Jha v. The State Of Bihar

2020-02-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1939 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- SAMASTIPUR District- Samastipur ====================================================== Vishwanath Jha, aged about 65 years, Male, Son of Late Bhola Jha, Resident of Vivek Vihar, P.S.- Muffasil, District - Samastipur, permanently residing at H. No. 118B, village - Khijilpur Jasparha, P.O. + P.S.- Nadi Khurd, District - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner, the informant and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Town (District-Samastipur) P.S. Case No. 302 of 2019 (G.R. No.3099 of 2019) registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to the F.I.R., allegation against the accused/petitioner is that he along with other co-accused persons after making conspiracy knowingly fired in the marriage ceremony causing murder of camera man. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is

Patna High Court CR. MISC. No.1939 of 2020(2) dt.27-02-2020 2/2 allegation against the co-accused Pankaj Singh, who fired on the deceased. Learned counsel for the petitioner further submits that the petitioner has no any criminal antecedent. Learned counsel for the informant submits that the arms belongs to the petitioner. He is an Ex-Service man. In the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in connection with Town (District- Samastipur) P.S. Case No. 302 of 2019 (G.R. No.3099 of 2019), subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T