Patna High CourtCR. MISC./3639/2017bail granted

Birendra Jha And ORS v. The State Of Bihar

2017-03-21Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3639 of 2017 Arising Out of PS.Case No. -239 Year- 2016 Thana -BARGANIA District- SITAMARHI ======================================================

1. Birendra Jha,

2. Dhirendra Jha,

3. Jitendra Jha, All sons of Late Satya Narain Jha, resident of VillageDumarwana, P.S.- Bairgania, District- Sitamarhi .... Petitioners

Versus

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

For the Petitioners : Mr. Binod Kumar Mishra, Adv. For the State : Mr. Kumar Ranjit Ranjan, APP 211 For the informant : Mr. Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-03-2017 Heard the learned counsel for the petitioners, the informant and the State.

This is a petition for grant of regular bail for offences under Sections 302 and 120B/34 of the Indian Penal Code.

The petitioners and others, named accused persons, are suspected to have committed murder of Lal Babu Sah, the son of the informant by throatling him for the reason that Lal Babu Sah had some affairs with Neha Kumari, daughter of Amrendra Jha, which was not liked by the petitioners.

Submission of the petitioners is that the case diary would reveal that there is no eye witness of the occurrence and only material against the petitioners is suspicion. The petitioner is in custody since 08.11.2016. The learned counsel for the informant opposed

Patna High Court Cr.Misc. No.3639 of 2017 (3) dt.21-03-2017 2/2 the prayer. However, concedes that no eye witness has supported the case before the police.

Considering the aforesaid fact, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Bairgania P.S. Case No. 239 of 2016 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, or successor Court with the condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the Court below shall be at liberty to cancel the bail bond(s) of the petitioner(s). (Birendra Kumar, J) SA/- U √ T √