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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48459 of 2014 Arising Out of PS.Case No. -174 Year- 2009 Thana -RIGA District- SITAMARHI ====================================================== Santosh Jha @ Santosh Kumar Jha S/o Chandrashekhar Jha Resident of Village Dostiya, P.S. Puranhia, District Sheohar. .... .... Petitioner/s

Versus

. 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 Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2015 Heard Dr. Kumar learned counsel for the petitioner and learned APP for the State.

The petitioner is accused of Riga P.S. Case No. 174 of 2009 instituted under section 396 IPC which relates to commission of a bank dacoity. The van carrying the cash was looted in course whereof one person (guard) died. The contention of the petitioner is that the FIR was lodged against unknown. The petitioner was implicated on the basis of his involvement in other cases. He was remanded in this case on 17.02.2014 and since then he is languishing in jail. Learned APP, on the other hand, points out the criminal antecedents of the petitioner.

I have perused the materials on record as also the

Patna High Court Cr.Misc. No.48459 of 2014 (3) dt.18-05-2015 2 / 2 fact which is emanating from the impugned order. Counsel for the petitioner submits that except the confessional statement, there is nothing against the petitioner to implicate him in the alleged offence. On query, he has not been able to state about the present stage of the case. Considering the facts and circumstances of the case, this Court, for the present, is not inclined to grant bail to the petitioner. However, the petitioner is granted liberty to move the court below itself for bail if the trial does not commence and charges are framed within six months from the date of receipt/production of a copy of this order in the court below. (Kishore Kumar Mandal, J) HR/- U