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Patna High CourtCR. MISC./44993/2016bail granted

Rishi Jha @ Rishi Kumar Jha @ Reshi Jha @ Reshi Kumar Jha v. The State Of Bihar

2016-10-18The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44993 of 2016 Arising Out of PS.Case No. -270 Year- 2015 Thana -BAHERI District- DARBHANGA ====================================================== Rishi Jha @ Rishi Kumar Jha @ Reshi Jha @ Reshi Kumar Jha @ Reshi Jha @ Reshi Kumar Jha, Son of Satendra Jha, Resident of Village- Hansaur, P.S. Belsand, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman, Adv. For the Opposite Party/s : Mr. Shyameshwar Dayal, APP. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 18-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Rishi Jha @ Rishi Kumar Jha @ Reshi Jha @ Reshi Kumar Jha, in connection with Sessions Trial No.146 of 2016, arising out of Baheri Police Station Case No.270 of 2015, under Sections 302/386/387/120(B)/34 of the Indian Penal Code and 27 of the Arms Act, 1959.

Perused the above application and materials on record.

Heard Mr. Md. Anisur Rahman, learned Counsel for the petitioner, and Mr. Shyameshwar Dayal, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named

Patna High Court Cr.Misc. No.44993 of 2016 (2) dt.18-10-2016 2/3 has been in custody since 06.01.2016 in connection with the case aforementioned and though charge sheet has been submitted, trial has not yet commenced, similarly situated co-accused have been granted bail by different Benches of this Court by the orders, dated 29.06.2016 and 06.09.2016, passed in Cr. Misc. Nos.19244 and 29644 of 2016, and perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accused-petitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused above-named shall be released on bail of Rs.

10,000/- with two sureties, each of the like amount, subject to the satisfaction of the learned Sessions Judge, Darbhanga, in connection with Sessions Trial No.146 of 2016, arising out of Baheri Police Station Case No.270 of 2015.

Patna High Court Cr.Misc. No.44993 of 2016 (2) dt.18-10-2016 3/3 tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, CJ) K.C.jha/- U T