Murlidhar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44675 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- BATH District- Bhagalpur ====================================================== Murlidhar Jha Son of Late Akhilanand Jha @ Nailindhar Jha Resident of Village - Kastikri, P.S.- Bath, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 13.04.2019 has filed the instant application for grant of bail in connection with Bath P.S. Case No. 16 of 2019 (District- Bhagalpur) registered for the offence punishable under sections 302 and 201 of the Indian Penal Code and section 27 of the Arms Act. As per the allegation in the FIR, on husband of the informant not returning, his elder brother went for search. The motorcycle of the informant's husband was found parked and his dead body was found nearby with gunshot injury in his temple. It is further submitted by the informant that a sum of Rs. 6,00,000/- had been taken by way of loan from the petitioner

Patna High Court CR. MISC. No.44675 of 2019(3) dt.16-10-2019 2/3 and that the petitioner was not ready to take back money, instead was asking for a particular piece of land as a result of which some altercation had taken place with the petitioner. It is submitted by learned counsel for the petitioner that except for the vague and unsubstantiated suspicion raised against the petitioner as mentioned in the F.I.R., there is no material against him. It has further been submitted that in course of investigation, tracking of the call details of the mobile phone of bhabhi of the deceased led to the arrest of one Rajeev Kumar Chaudhary who on his arrest confessed to have committed the crime along with other associates. It is further submitted that the petitioner is a Headmaster, he was on election duty at the relevant time and that he is in custody since 13.04.2019. The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, there being no direct allegation against this petitioner and the petitioner being in custody since 13.04.2019, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.44675 of 2019(3) dt.16-10-2019 3/3 Additional Chief Judicial Magistrate-XII, Bhagalpur in connection with Bath P.S. Case No. 16 of 2019(DistrictBhagalpur). (Partha Sarthy, J) Bibhash/- U T