Mukesh Kumar Jha @ Chiku Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8574 of 2016 Arising Out of PS.Case No. -536 Year- 2015 Thana -KANTI District- MUZAFFARPUR ====================================================== Mukesh Kumar Jha @ Chiku Jha Son of Nagendra Mohan Jha resident of Village - Kanti Station, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhay Kumar, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor assisted by learned counsel for the informant.

Deceased, Dharmendra Kumar along with his two associates Vinay Kumar and Vinod Sah was on morning walk followed by informant, Ravi Ranjan Kumar his younger brother. Two motorcycle borne criminals came, interrogated and then shot, causing instantaneous death of Dharmendra. The assailant has been identified as Bittu Thakur. It has also been stated that during course thereof, firing was also made over Murari.

From perusal of the case diary, it is evident from para-34 that call details were traced out and as per para-35, location of the petitioner was also found whereupon, as per para-57 petitioner has been arrested. Furthermore, he had made inculpatory extra judicial confessional statement having recorded under para-77 of the case diary. Subsequently thereof, the wife of deceased along with other persons were examined who have stated that dispute was also going on in between deceased as well as petitioner.

Patna High Court Cr.Misc. No.8574 of 2016 (3) dt.11-04-2016 Be that as it may, non-identification of petitioner to be assailant of the deceased, petitioner Mukesh Kumar Jha @ Chiku Jha is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned SDJM (West), Muzaffarpur in connection with Kanti P.S. Case No.536 of 2015.

(Aditya Kumar Trivedi, J) PN/- U T