Raj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9851 of 2015 Arising Out of PS.Case No. -586 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Raj Kumar Jha, son of Shubh Narayan Jha @ Shub Narayan Jha @ Shambhu Narayan, resident of village - Pagra, P.S. - Dalsingsarai, District - Samastipur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Siddharth Harsh, Advocate For the Opposite Party/s : Mr. A.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 24-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation is that while the deceased was sitting near his house, which was under construction, the two persons came on the motorcycle, driver of the motorcycle continued to start the motorcycle and pillion rider got down and shot fire which caused the death of the deceased.

It is submitted that only suspicion has been raised against the petitioner. It has been alleged that co-accused Ajay Jha had dispute with regard to business transaction, while the petitioner was a Munsi and for the some time, he was removed and again he was employed. In the

Patna High Court Cr.Misc. No.9851 of 2015 (3) dt.24-04-2015 2/2 restatement, the informant has stated that the workers who were working in the house could identify the culprits. The petitioner has been in custody since 25.12.2014, but no T.I.P. has been held. There is no evidence against the petitioner. He has no criminal antecedent. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur in Dalsinghsarai P.S. Case No.586 of 2014 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T