Golu Jha @ Rupesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33599 of 2019 Arising Out of PS. Case No.-230 Year-2018 Thana- DARIYAPUR District- Saran ====================================================== GOLU JHA @ RUPESH JHA Son of Ganesh Jha Resident of Village - Rahimapur, P.S.- Bidupur, District- Vaishali at Hajipur ... Petitioner

Versus

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

For the Petitioner :

Mr.Vasant Vikas, Advocate For the Opposite Party :

Mr.Mohammed Arif, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, the State and perused the case diary.

Petitioner is an accused in a case registered for the offence under section 396 of the Indian Penal Code as well as under section 27 of the Arms Act.

Prosecution's case is that when the informant's brother was on way to deposit the earnings of the patrol pump to the nearby SBI branch, suddenly six miscreants came there on two motorcycles, they dashed their motorcycle to the motorcycle of the informant's brother and fired at him. They also snatched earnings of the patrol pump worth Rs. Rs.2,82,000/-, as well as his personal earnings of Rs. 5,200/-. Informant's brother died at the spot. Petitioner's name has been surfaced in the case on the confessional statement of co-accused Ankit Goswami, who was arrested during investigation.

Patna High Court CR. MISC. No.33599 of 2019(4) dt.28-08-2019 2/2 Learned counsel for the petitioner submits that the FIR is against unknown, there is no eye witness to the occurrence and police has implicated the petitioner due to his inimical terms with it. Further, no test identification parade has been conducted in the case and the petitioner is in custody since 28.2.2019.

Learned counsel for the State opposes the prayer for bail to the petitioner stating that as per the confession of the coaccused, petitioner was also a member of the aforesaid gang who murdered informant's brother and looted his cash belongings. He is also accused in two other cases, detailed in paragraph 3 of the bail petition.

In the facts of the case, I am not inclined to grant bail to the petitioner. Prayer for bail of the petitioner is rejected. Let the trial be expedited.

(Prabhat Kumar Singh, J) Shashi U T