Sonu Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7604 of 2015 Arising Out of PS. Case No. -412 Year- 2014 Thana -KAHALGAON District- BHAGALPUR ====================================================== Sonu Kumar Jha, S/o Sri Arvind Kumar Jha, R/o Village - Purab Tola, P.O. & P.S. - Kahalgaon, District Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Gupta, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-03-2015 Heard both sides.

The petitioner seeks bail in a case under Section 302 and other sections of the Indian Penal Code.

The informant alleged that he along with his friends Pappu Khan @ Azahul Haque and Chhote Lal Yadav was going on a motorcycle. On three motorcycles, the accused persons came and surrounded the informant and his friends. The petitioner is alleged to have handed over a loaded pistol to Tidha Yadav and Tidha Yadav fired at Pappu Khan, who died on the spot. It is submitted that the petitioner is not the assailant of the deceased. He is said to have handed over a pistol to Tidha Yadav and the petitioner is in jail since 10.09.2014. Co-accused Pankaj Mandal has already been enlarged on bail vide order passed in Cr. Misc. No. 2269/2015.

Patna High Court Cr.Misc. No.7604 of 2015 (3) dt.31-03-2015 2/2 It appears that the petitioner is alleged to have handed over a pistol to Tidha Yadav, who fired killing Pappu Khan on the spot. The petitioner is not the assailant and he has remained in jail for about six months.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Bhagalpur in Kahalgaon P.S. Case No. 412/14. (Prabhat Kumar Jha, J) Dilip/- U T