Champak Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51342 of 2016 Arising Out of PS.Case No. -238 Year- 2015 Thana -ROSERA District- SAMASTIPUR ====================================================== Champak Jha Son of Late Shambhoo Jha resident of village - Kil Gadhahara, P.S. Barauni, District - Begusarai .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Thakur For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 386, 341, 323, 307, 379, 34 of the Indian Penal Code and Section 25(1-b)a, 26 and 27 of the Arms Act.

The prosecution story, in brief, is that three unknown persons came on motorcycle and demanded ransom of Rs. 5 lac from the informant and when he made protest, they put pistol on his head and fired but luckily the bullet did not hit him. Thereafter they took two golden chain, two ring from the finger and cash of Rs. 1700/- and fled away.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.08.2016. The charge sheet has

Patna High Court Cr.Misc. No.51342 of 2016 (2) dt.06-12-2016 2/2 been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. There is no substantive evidence to suggest his implication in the present case. No specific role has been attributed against him. On behalf of 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 bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Rosera, Samastipur, in connection with Rosera P.S. Case No. 238 of 2015. (Sudhir Singh, J.) Amit/- U T