Raushan Jha @ Raushan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21998 of 2019 Arising Out of PS. Case No.-610 Year-2018 Thana- LAHERIYASARAI District- Darbhanga ====================================================== RAUSHAN JHA @ RAUSHAN KUMAR JHA Son of Sri Ram Jha @ Rambabu Jha Resident of Mohalla- Balbhadarpur, P.S.- Laheriasarai, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate.

Mr. Ritwaj Raman, Advocate.

For the Opposite Party/s :

Mr. Atul Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-05-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Laheriasarai (Benta O.P.) P.S. Case No. 610 of 2018, instituted for the offence under Section(s) 307/34 of the Indian Penal Code and Section 27 of the Arms Act. Subsequently, Section 302 of the Indian Penal Code was added.

It is alleged in the written report that Vikash Kumar Jha caused firearm injury in the abdomen of the victim who subsequently died in the hospital during course of treatment. Counsel for the petitioner submits that there is no specific allegation of overt act against petitioner in the written report.

Patna High Court CR. MISC. No.21998 of 2019(2) dt.30-05-2019 2/2 The learned Sessions Judge has mentioned in the impugned order that Police recovered one empty cartridge from place of occurrence. It is mentioned in the impugned order that during treatment, Rohit Jha, brother of the informant, died and according to post mortem report deceased Rohit Jha had sustained firearm injury on his abdomen.

Petitioner is in custody since 24.12.2018 having clean antecedent.

Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. 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 learned Chief Judicial Magistrate, Darbhanga, in connection with Laheriasarai (Benta O.P.) P.S. Case No. 610 of 2018, subject to the condition that both the bailors will be the close relatives of the petitioner.

(Sanjay Priya, J) S.Ali/- U T