Patna High CourtCR. MISC./52207/2014bail granted

Amar Jha v. The State Of Bihar

2015-03-03The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43278 of 2014 Arising Out of PS.Case No. -141 Year- 2013 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Ram Kishore Singh, son of Subey Lal Singh, resident of VillageHarbhanga P.S.-Madhepura, District-Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== With Criminal Miscellaneous No.52207 of 2014 Arising Out of PS.Case No. -141 Year- 2013 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Amar Jha, son of Sri Nilamber Jha, resident of Mohalla Laxmisagar, P.S. L.N.M.U., District - Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.43278 of 2014) For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mr. Pradip Nr.Kumar (APP) (In Cr.Misc. No.52207 of 2014) For the Petitioner/s : Mr. Ugranath Mallik, Advocate For the Opposite Party/s : Mr. S.Eheteshmuddin (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 03-03-2015 The petitioners in these applications are being tried for the offences punishable under Sections 302, 379, 120B read with Section 34 of the Indian Penal Code in Darbhanga Town P.S. Case No.141 of 2013. They were arrested on 06.08.2014 and 08.08.2014 respectively. Bail Petitions 484 and 503 of 2014 filed by them before the 3rd Additional Sessions Judge, Darbhanga were rejected on 25.09.2014. Hence, these applications.

Patna High Court Cr.Misc. No.43278 of 2014 (3) dt.03-03-2015 2/2 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This Court, prima facie, finds that the petitioners were not named in the complaint submitted by the wife of the deceased. The reason mentioned for the murder of the deceased was that there was dispute in relation to sale transaction of the land of the deceased. Nowhere it was mentioned that the petitioners had either purchased the land or in any other way connected therewith. The person, who had entered into transaction with the deceased by name Parmindar Chaudhary, is said to be in jail and his name was mentioned in the F.I.R., apart from the owner of the Rest House by name Jiwan Jha, where the deceased was staying. This Court is of the view that the petitioners deserve to be granted bail, particularly having regard to the fact that the investigation is completed and the charge sheet has also been filed. Hence, these applications are allowed.

The petitioners shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of C.J.M. Darbhanga, in connection with Darbhanga Town P.S. Case No.141 of 2013.

(L. Narasimha Reddy, CJ) Sunil/- U T