Mukesh Kumar Jha @ Mukesh Kumar And ORS v. The State Of Bihar

Patna High Court CR. APP (SJ) No.689 of 2017 (4) dt.10-05-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.689 of 2017 Arising Out of PS.Case No. -24 Year- 2016 Thana -SC/ST District- SAHARSA ======================================================

1. Mukesh Kumar Jha @ Mukesh Kumar, Son of Chandrakant Jha,

2. Varun Jha, son of Chandi Jha.

3. Prabhsah Tiwary, Son of Surya Narayan Tiwary.

4. Soni Pandit @ Soni Pandey, son of Giridhar Pandit @ Giridhar Pandey,

5. Mangal Jha, Son of Manikant Jha.

6. Bindu Tiwary @ Bittu Tiwary, Son of Tuntun Tiwary,

7. Amaresh Pandey, Son of Naresh Pandey. All are Residents of Village Patuaha, Ward No. 7, Police Station and District- Saharsa. .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Satish Kumar Singh For the Respondent/s : Mr. Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-05-2017 Learned counsel for the appellants is permitted to withdraw the instant appeal in order to facilitate the appellants to surrender before the learned lower court and further, during consideration of regular bail, the learned lower court will consider the improbability of the prosecution case, more particularly, in the background of the fact that when informant had hidden herself for her safety then, disclosure made regarding subsequent activity being committed at night without any source of identification, so perceived coupled with the factum of compromise without being influenced by the instant order preferably on the same day.

Patna High Court CR. APP (SJ) No.689 of 2017 (4) dt.10-05-2017 With the aforesaid observation, the instant appeal is dismissed as withdrawn.

(Aditya Kumar Trivedi, J.) rinkee/- U T