Rakesh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43007 of 2017 Arising Out of PS.Case No. -75 Year- 2017 Thana -BARGANIA District- SITAMARHI ====================================================== Rakesh Jha son of Late Tej Naryan Jha, resident of Village- Pachtakki Yadu, P.S.- Bairgania, District- Sitamarhi.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ashok Kumar Jha, Advocate. For the Opposite Party : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 31.03.2017 in a case for the offence registered under Sections 302, 307, 120(B)/34 of the IPC and 27 of the Arms Act. The prosecution story, in brief, is that one miscreant came having country made pistol and fired upon the uncle of the informant. He sustained injury and he was admitted in hospital. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 31.03.2017. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has
Patna High Court Cr.Misc. No.43007 of 2017 (2) dt.21-09-2017 2/2 come merely on the basis of suspicion. There is no other substantive evidence to suggest his implication in the present case. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Sitamarhi in connection with Bairgania P.S. Case No. 75 of 2017. U.K./- (Sudhir Singh, J) U T