Ashish Kumar Jha @ Ashish Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12517 of 2016 Arising Out of PS.Case No. -70 Year- 2014 Thana -NAUHATTA District- SAHARSA ====================================================== Ashish Kumar Jha @ Ashish Jha son of Indal Jha @ Indranand Jha, resident of Village- Muradpur, P.S- Nauhatta, District- Saharsa. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-08-2016 Heard both sides.
The petitioner seeks bail in Nauhatta P.S. Case No. 70/2014, registered for the offences punishable under Sections 341, 323, 307, 379, 354, 504 and 34 of the Indian Penal Code. The petitioner is alleged to have assaulted the father of the informant with bat. The father of the informant died during the course of treatment. Prayer of the regular bail was twice rejected by this Court vide orders dated 10.02.2015 passed in Cr. Misc. 42039/2014 and Cr. Misc. 46186/2015 dated 30.09.2015 with a direction to the Trial Court to conclude the Sessions Trial No. 2437/2014 within two months.
It is submitted that still the informant, Investigating Officer and one more witness are to be examined. The petitioner is
Patna High Court Cr.Misc. No.12517 of 2016 (2) dt.17-08-2016 2/2 in jail since 04.08.2014. Petitioner has already remained in jail for more than two years.
Considering the facts aforesaid and the fact that occurrence took place due to land dispute and the petitioner is alleged to have assaulted the father of the informant with bat and he is in custody for more than two years, the petitioner abovenamed is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge -IV, Saharsa in connection with Nauhatta P.S. Case No. 70/2014. (Prabhat Kumar Jha, J.) Vinita/- U T