Abhishek Kumar @ Raju Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21394 of 2017 Arising Out of PS.Case No. -111 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== Abhishek Kumar @ Raju Jha, Son of Sudhir Jha, Resident of VillageHajipur, P.S. Sajour, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 10-05-2017 Heard Sri Ranjan Kumar Jha, learned counsel for the petitioner and Smt. Gulnar Begam, learned Addl. Public Prosecutor.

This is the third attempt for grant of bail on behalf of the petitioner in Shahkund ( Sajour) P.S. Case No.111/2015 registered for the offence under Sections 328/394 of the Indian Penal Code.

By way of referring to order dated 22.02.2017 passed in Cr.Misc.No.4543 of 2017, learned counsel for the petitioner submits that earlier on second occasion , the prayer for bail of the petitioner was rejected. While rejecting the prayer for bail of the petitioner, it was indicated that the prayer for bail of the petitioner was rejected for the moment. He submits that even after rejecting the prayer for bail of the petitioner, some other accused persons have been granted bail. He has placed reliance on the

Patna High Court Cr.Misc. No.21394 of 2017 (2) dt.10-05-2017 2/2 order dated 11.01.2017 passed in Cr.Misc.No.52246 of 2016 , whereby one another accused Chandan Kumar was granted bail by a Bench of this Court. He further submits that though the petitioner was not named in the F.I.R., he is in custody since long and at least four accused persons named in the F.I.R. have already been granted bail.

Considering the fact that on last occasion i.e. 22.02.2017, this Court had rejected the prayer for bail of the petitioner and observed that for the moment, the prayer for bail of the petitioner was rejected for the moment as well as the fact that other accused persons, after rejection earlier prayer for bail of the petitioner, have already been granted bail and the fact that the petitioner is in custody since 23.04.2016 without any proper progress in the case, let the petitioner, namely Abhishek Kumar @ Raju Jha 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 Sub Divisional Judicial Magistrate, Bhagalpur in connection with Shahkund( Sajour) P.S. Case No.111/2015 with condition that one of the bailors must be blood relation of the petitioner.

(Rakesh Kumar, J) NKS/- U T