Mithu Kumar @ Hemant Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.44555 of 2014 (6) dt.08-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44555 of 2014 Arising Out of PS.Case No. -70 Year- 2014 Thana -NAYA RAM NAGAR District- MUNGER ====================================================== Mithu Kumar @ Hemant Kumar Jha Son of Bijoy Shankar Jha Resident of Binda Singh Gali, P.S. - Sultanganj, District - Bhagalpur .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s Appearance :

For the State : Md. Mustaque Alam, APP CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 08-04-2015 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 147, 148, 149, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the petitioner and four others is to have shot fire which caused the death of the husband of the informant Considering the fact that there is no specific allegation of overt act against the petitioner and Bikas Kumar, the servant of the deceased has made statement under Section 164 of the Code of Criminal Procedure that Abhijit Kumar shot fire to the deceased, who was standing outside the Mill and the post mortem report also discloses that there is one gun shot injury and the petitioner has no criminal antecedent, the above-named petitioner is directed to be released on bail on furnishing

Patna High Court Cr.Misc. No.44555 of 2014 (6) dt.08-04-2015 bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Munger, in Nayaram Nagar P. S. Case no. 70 of 2014 after framing of charge 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) sudip/- U T