Santosh Jha @ Santosh Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.37926 of 2014 (3) dt.06-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37926 of 2014 Arising Out of PS.Case No. -167 Year- 2013 Thana -BAJPATTI District- SITAMARHI ======================================================

1. Santosh Jha @ Santosh Kumar Jha son of Chandrashekhar Jha resident of Village - Dostiya, P.S. - Puranhia, District - Sheohar. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s Mr. Indu Kumari Srivastava(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 06.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner appears to be hardened criminal as altogether 26 cases have been registered against him but in the present case, petitioner is not named in the first information report and during course of investigation, some co-accused persons were arrested and made their confessional statements disclosing this fact that they had committed the crime at the instigation of this petitioner. It appears that except the aforesaid confessional statements, Investigating officer could not collect any evidence against the petitioner and moreover, investigation of this case has already been completed.

So far as criminal antecedent of the petitioner is concerned, learned counsel for the petitioner submits that petitioner has been remanded in several cases only on mere suspicion.

Patna High Court Cr.Misc. No.37926 of 2014 (3) dt.06-02-2015 Considering the above stated facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Bajpatti P.S. Case no. 167/2013 subject to the conditions that one of the bailers must be father-in-law of the petitioner and furthermore, petitioner shall attend the learned trial court in person on each and every date for the period of one year or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any reasonable explanation, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. shahid (Hemant Kumar Srivastava,J) U T