Sushil Kumar Jha @ Madankant Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5371 of 2025 Arising Out of PS. Case No.-104 Year-2024 Thana- BANGAWON District- Saharsa ====================================================== Sushil Kumar Jha @ Madankant Jha Son of Late Ramakant Jha Resident of Village - Bangaon Purvi Ward No. 19, P.S. - Bangaon, District - Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarnath Jha, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 103 (1), 238, 61 (2) and 3 (5) of the B.N.S.
3. The prosecution case, as unfolded in the first information report, is that the son of the informant, Ajay Kumar Khan alias Lalan Khan was taken away by co-accused, Buddhan Mukhiya from his house and did not return till late night. Further, on enquiry, it was revealed that the informant's son was taken to the house of co-accused, Ranjeet Kumar Jha alias Rajneet Kumar Jha, where co-accused Kishore Kumar Jha and Anshu Anand were also present. He was called to talk about to enter into a compromise in connection with Bangaon P.S. Case
Patna High Court CR. MISC. No.5371 of 2025(3) dt.19-06-2025 2/3 No.87 of 2024, to which he refused and the matter escalated where-after the son of the informant was locked in the house and was assaulted. On the following day, i.e. on 13.08.2024, it was disclosed by Buddhan Mukhiya that the dead body of the deceased was lying in a pond. Further, the names of as many as seven accused persons including the petitioner has been taken in the last part of the first information report.
4. At the very out set, it is submitted by learned counsel for the petitioner that the name of the petitioner does not figure in the entire first information report but, at the fag end, his name has been included only on account of the fact that he happens to be the father of one of the accused, who was fighting the case against the family members of the informant and that case was filed by the brother of the present petitioner. It is with regard to that case that the deceased was being asked to compromise. It is further submitted that the petitioner is an old man and a retired government servant against whom there is no specific allegation either in the F.I.R. or the material collected during course of investigation.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as the fact that petitioner is an old man having no
Patna High Court CR. MISC. No.5371 of 2025(3) dt.19-06-2025 3/3 criminal antecedent and there is no likelihood of tampering with the evidence or of absconding, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bangaon P.S. Case No.104 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J) Trivedi/- U T