Laxman Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 16626 of 2019 Arising Out of PS. Case No.-264 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== LAXMAN JHA Son of Mantun Jha @ Nagendra Jha, Resident of Village - Mau, P.S. - Vidyapati Nagar, District - Samastipur, presently residing at Simariya Ghat, P.S.- Barauni (Chakiya O.P.), District - Begusarai. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in Barauni P.S. Case No. 164 of 2018 instituted for the offence under Section(s) 302, 201/34 of the Indian Penal Code.
In the written report, it is alleged that son of the informant was doing work of Munshi in the sweet shop of coaccused Ranjeet Jha. It is alleged that on 20.06.2018 he found the mobile phone of his son switched off. The informant gave information to Chakia OP about missing of his son. On 25.06.2018 at 9.00 AM, the informant got information that one dead body is lying unclaimed near Vidyapati Road in Bachhawara P.S. and he identified the aforesaid dead body to be of
Patna High Court CR. MISC. No. 16626 of 2019(2) dt.29-03-2019 2/3 his son. The informant raised suspicion against the accused persons on the ground that his son had given rupees one lac twenty five thousand to Ranjeet Jha as loan and when he wanted his money from him then this occurrence has been committed. The learned counsel for the petitioner submits that in the case diary there is no eye witness. Mere suspicion has been raised against the petitioner by some witnesses. The learned counsel for the petitioner further submits that witnesses, who are staff of the said sweet shop, have stated that they had no personal knowledge about the money having been given by the deceased to Ranjeet Jha. It is further submitted that the main accused Ranjeet Jha and one other accused person have already been granted bail by a co-ordinate Bench of this Court vide order dated 21.2.2019 passed in Cr. Misc. No. 73530 of 2018. It is further submitted that the petitioner is languishing in custody since 6.9.2018.
In the facts and circumstances of the case, prayer of the petitioner for grant of regular bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, IV, Begusarai, in connection with Barauni P.S. Case
Patna High Court CR. MISC. No. 16626 of 2019(2) dt.29-03-2019 3/3 No. 264 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.
(Mohit Kumar Shah, J) Tiwary/- U