Rishi Jha @ Rishi Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38127 of 2016 Arising Out of PS.Case No. -269 Year- 2015 Thana -SHEOHAR District- SHEOHAR ====================================================== Rishi Jha @ Rishi Kumar Jha, son of Satendra Jha, Resident of VillageHansaur, P.S. Belsand, District- Sitamarhi. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Md. Anisur Rahman, Advocate For the Opposite Party : Mr. Sri Nityanand (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-09-2016 Heard learned counsel for the petitioner and the learned counsel representing the State.
The petitioner seeks bail in connection with Sheohar P.S Case No. 269 of 2015 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.
Allegedly, Rajendra Prasad Singh, cousin grandfather of the informant was shot dead by two motorcycle borne miscreants. During investigation the name of the petitioner transpired in confessional statement of Anchal Jha as well as in his own confessional statement.
Submission is of false implication and that besides the confession, there is nothing against the petitioner, there is no
Patna High Court Cr.Misc. No.38127 of 2016 (2) dt.27-09-2016 2/2 eye-witness of the occurrence, without any legal and tangible material, the petitioner is suffering in custody since 06.01.2016. The learned A.P.P. fairly submits that name of the petitioner has come in his confessional statement. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar, arising out of Sheohar P.S. Case No. 296 of 2015, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T