Devesh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20248 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- PIPRA District- Supaul ====================================================== Devesh Kumar Jha aged about 22 years (M) S/o Lalit Jha R/o village- Pipra, Ward No. 08, Tola- Belhi, P.S.- Pipra, Distt.- Supaul ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr. Abhay Kumar - 1 A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
12-07-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Pipra P.S. Case No. 221 of 2020, corresponding to S.T.No. 204 of 2020, registered for the offence under Sections 302, 201/34 of the Indian Penal Code. As per the prosecution case, on 18.08.2020 at 9:00 AM, the informant got information that dead-body of his son is lying near the Belhi road. The informant suspects that the FIR named accused persons with some other unknown accused persons committed the murder of his son, since ten days prior to the occurrence, the accused persons had threatened the deceased with dire consequences.
Petitioner is not named in the FIR. Name of the petitioner has come on the confessional statement of co-accused
Patna High Court CR. MISC. No.20248 of 2021(2) dt.12-07-2021 2/3 Mukesh Kumar Jha, who has already been granted bail by a coordinate Bench of this Court, vide order dated 23.03.2021 passed in Cr.Misc. No. 1312 of 2021. Save & except confessional statement, there is no other material against the petitioner to show his complicity in the aforesaid crime. Petitioner claims clean antecedent and he is in custody since 24.09.2020. Investigation is complete.
Learned A.P.P. for the State has opposed the bail petition.
Considering the rival submissions of the parties and the materials available on record, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-Vth, Supaul in connection with Pipra P.S. Case No. 221 of 2020, corresponding to S.T.No. 204 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the
Patna High Court CR. MISC. No.20248 of 2021(2) dt.12-07-2021 3/3 prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T