Amritesh Jha @ Heera Jha @ Heera v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27375 of 2016 Arising Out of PS.Case No. -139 Year- 2015 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================
1. Amritesh Jha @ Heera Jha @ Heera son of Pawan Jha @ Pawan Kr resident of Village- Bihat, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Sumiran Rai For the Opposite Party/s Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 09.09.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 302, 363 and 365 of the Indian Penal Code.
Petitioner is named in the first information report but informant is not an eye-witness of the alleged occurrence. However, in course of investigation at para 4 of the case diary, statement of one Nitesh Kumar was recorded and the aforesaid Nitesh Kumar disclosed that in the night of alleged occurrence, informant's son was forcibly taken away by the petitioner and others in a Scorpio. The aforesaid Nitesh Kumar was driver of the aforesaid Scorpio. The dead body of the informant's son was recovered at Darbhanga in septic tank of a school.
Submission on behalf of the petitioner is that deceased was a dread criminal and, as a matter of fact, none has seen the actual
Patna High Court Cr.Misc. No.27375 of 2016 (3) dt.09-09-2016 2/2 killing of the deceased. It is further submitted that so far as the petitioner is concerned, he happens to be co- villager of the informant and does not have any criminal antecedent. It is further submitted that investigation against the petitioner has already been completed. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Addl. Chief Judicial Magistrate X, Hajipur in Patepur P.S. Case no. 139/2015. shahid (Hemant Kumar Srivastava,J) U T