Ashok Kumar Jha @ Maharaj Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70647 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- KHAJAULI District- Madhubani ====================================================== Ashok Kumar Jha @ Maharaj Jha, Son of Sri Dhaneshwar Jha, Resident of Village-Benta, P.S.-Khajauli, Dstrict-Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilesh Kumar For the Opposite Party/s :

Mr.Sri Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Khajauli P.S. Case No. 116 of 2018 registered for the offence punishable under Sections 302, 201, 34 of the Indian Penal Code.

Informant in his fardebyan has stated that on 06.07.2018 at about 9 pm his father went to meet his Uncle who had come from Faridabad and thereafter when he did not return to the house till 10 pm then he started searching for him and in the night at about 1 pm he found the dead body of his father on the bank of canal. FIR is against unknown.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been falsely implicated in this case on suspicion. Petitioner is not named in the FIR. Chargesheet has been submitted but no incriminating

Patna High Court Cr.Misc. No.70647 of 2018(5) dt.21-12-2018 2/2 material has been found during investigation by the police to implicate him in this case. Petitioner has got no criminal antecedent and is in custody since 13.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Madhubani, in connection with Khajauli P.S. Case No. 116 of 2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U