Bhola Jha @ Shailesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47399 of 2015 Arising Out of PS.Case No. -161 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Bhola Jha @ Shailesh Jha, Son of late Bhagwan Jha, Resident of Village Muradpur ,Police Station- Parbatta, District Khagaria. ....... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj,Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP For the Informant : Mr. Najmul Hoda, Advocate ===================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-10-2015 Heard learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of regular bail on behalf of the petitioner who is an accused in connection with PS Parwatta Case No. 161 of 2015 for the alleged offences punishable under Sections 387 and 307 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner is in custody since 1.7.2015.

Learned counsel for the petitioner has submitted that the police have already submitted charge-sheet and, therefore, there is no requirement of any custodial interrogation of the petitioner by the police in connection with investigation. He has also submitted that it is out and out civil dispute between the family members,

Patna High Court Cr.Misc. No.47399 of 2015 (2) dt.16-10-2015 2/2 the informant being a co-sharer, which is the reason behind petitioner's implication.

Learned counsel appearing on behalf of the informant has opposed the prayer for bail.

In view of the fact that charge-sheet has already been submitted, I am inclined to grant privilege of regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Khagaria in connection with Parwatta PS Case No. 161 of 2015.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T