Tirthnath Jha @ Dablu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30994 of 2021 Arising Out of PS. Case No.-448 Year-2017 Thana- SUPAUL District- Supaul ====================================================== TIRTHNATH JHA @ DABLU JHA Son of Late Saryug Jha Resident of Village - Chandel Mricha, Police Station and District - Supaul. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 and 120B of the Indian Penal Code.
As per the prosecution case, it is stated by the informant Chaukidar that he received information about the petitioner having assaulted his full brother. On reaching the place of occurrence he found the brother of the petitioner in an injured condition. He was taken to the hospital where he died in course of treatment.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There are no eye witness to the occurrence. The petitioner has no
Patna High Court CR. MISC. No.30994 of 2021(3) dt.11-02-2022 2/2 motive to commit the alleged crime. The petitioner is in custody since 24.12.2020 and has no criminal antecedent. The application for bail is opposed by learned APP for the State who submits that the cause of the occurrence was supported by the witnesses whose statement was recorded in course of investigation. The petitioner absconded for more than three years.
Having heard learned counsel for the parties and taking into consideration the facts of the case and the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Spd/- U T