Raman Jha @ Chhote Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20282 of 2015 Arising Out of PS.Case No. -691 Year- 2010 Thana -SITAMARHI District- SITAMARHI ====================================================== Raman Jha @ Chhote Jha son of Baldev Jha R/o village - Majhauliya, P.S. - Bathnaha, District - Sitamarhi.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-09-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 691 of 2010 registered under Sections 302, 120(B)/34 of the I.P.C. and section 27 of the Arms Act. The allegation of informant Ramlochan Prasad is that on 15.12.2010 in the evening he reached along with his two sons Manoj Kumar Gupta and Mohan Paswan at Gaushala Chowk from where his son Manoj Kumar Gupta and Mohan Paswan moved to village Madhuban. Just after two and three minutes, the criminals Bimlendu Singh, Bablu Jha, Kundan Kumar proceeded to that direction along with two others on motorcycle. When the informant reached his house at 6.40 pm., his son Mohan Paswan did not return, thereafter, he received information that Mukhiya has been killed and two criminals have been caught hold. The
Patna High Court Cr.Misc. No.20282 of 2015 (3) dt.16-09-2015 2/3 informant reached at the place of occurrence then found his son Manoj Kumar Gupta dead. The cause of occurrence is of demand of ransom by Bablu Jha, Bimlendu Singh, Kundan Kumar and petitioner Raman Jha to Manoj Kumar Gupta, son of the informant.
Learned counsel appearing on behalf of the petitioner submits that admittedly, the informant is not the eye witness of the occurrence rather he saw only two persons Bittu Kumar Singh and Manish Kumar Jha, who were caught hold at the spot and Bimlendu Singh, Bablu Jha Kundan Kumar were seen moving on the motorcycle towards Madhuwan and later on, the name of the petitioner has been disclosed by the informant mere on suspicion due to earlier demand of ransom. Moreover, two co-accused persons namely Bimlendu Singh and Manish Kumar Jha, who were caught, hold by the villagers have disclosed that Rakesh Kumar Yadav shot fired to deceased Manoj Kumar Gupta, son of the informant. Further, it is submitted that similarly situated coaccused Bimlendu Singh has already been allowed bail by a Bench of this Court vide Cr. Misc. No. 15931 of 2014 and this petitioner is in custody since 07.01.2015.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on
Patna High Court Cr.Misc. No.20282 of 2015 (3) dt.16-09-2015 3/3 bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Sitamarhi in connection with Sitamarhi P.S. Case No. 691 of 2010.
(Rajendra Kumar Mishra, J.) Shail/- U T