Sanjeev Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40781 of 2020 Arising Out of PS. Case No.-197 Year-2020 Thana- BAHERA District- Darbhanga ====================================================== Sanjeev Kumar Jha aged about 21 years Son Of Sri Ashok Kumar Jha Resident Of Village - Belaun, P.S. - Bahera, District - Darbhanga... Petitioner

Versus

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

For the Petitioner :

Mr.Baidya Nath Prasad, Advocate For the Opposite Party :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-03-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in a case registered for the offence punishable under sections 302/120B and other ancillary sections of the Indian Penal Code.

As per the prosecution case, informant alleged that her father was killed by his grand son, the petitioner by assaulting with bricks in the night.

Learned counsel for the petitioner submits that the informant is not the eye witness of the occurrence and the petitioner has been made accused in the case on the basis of suspicion and it has been narrated in the FIR itself that the informant was informed on mobile phone about the incident. Learned counsel further submits that the petitioner has falsely been implicated in the case due to dirty family politics only to deprive him from paternal property. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition.

Patna High Court CR. MISC. No.40781 of 2020(3) dt.15-03-2021 2/2 Petitioner is in custody since 16.6.2020.

Considering the facts and circumstances of the case and the fact that there is no material evidence against the petitioner, save and except suspicion, coupled with the fact that the petitioner has got no criminal antecedent, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Benipur, Darbhanga in Bahera Police Station Case No. 197 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T