Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38145 of 2016 Arising Out of PS.Case No. -70 Year- 2014 Thana -JOGBANI District- ARRARIA ====================================================== Mohan Jha, S/o Late Chandra Kishore Jha, resident of village- Bathnaha, Police Station- Jogbani, District- Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pranav Kumar Jha, Advocate For the Opposite Party : Mr. Sri Tarkeshwar Nath Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Jogbani (Bathnaha) P.S Case No. 70 of 2014 registered for the offences punishable under Section 364/34 of the Indian Penal Code. Subsequently, sections 302 and 201/34 of the Indian Penal Code were added.

Allegedly, for land dispute going on between the petitioner and the deceased, the petitioner has caused threats to kill the brother-in-law of the informant and further petitioner and others have caused threats to withdraw the case, resulting, the petitioner and others have killed the sister and brother-in-law of the informant, later on dead bodies of both were recovered.

Submission is of false implication and that besides suspicion and confessional statement of the petitioner there is nothing

Patna High Court Cr.Misc. No.38145 of 2016 (2) dt.29-09-2016 2/2 against the petitioner, the petitioner is in custody since 08.07.2014 without any legal and tangible material, other co-accused namely Chunnu Jha @ Girjanand Jha, Sudhir Kumar Jha and Shakuntala Devi have been allowed bail by different Benches of this Court. Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, the petitioner is also 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 Additional District Judge, III, Araria, in connection with S.T. No. 114 of 2015 arising out of Jogbani (Bathnaha) P.S. Case No. 70 of 2014, subject to the conditions that one of the bailors must be a 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