Raju Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30308 of 2018 Arising Out of PS. Case No.-74 Year-2015 Thana- MATIHANI District- Begusarai ====================================================== Raju Jha S/o Sri Ashok Kumar Mishra @ Sri Ashok Jha, R/o Vill.- Bishunpur, P.S.- Nagar, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr. Shashank Shekhar, Advocate For the State :

Mr. Zainul Abedin, APP For the Informant :

Mr. Ramsumiran Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 18-07-2018 Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners, already in custody, seek bail in connection with Matihani P.S. Case No.74 of 2015 registered under Sections 302, 201 and 120(B)/34 of the Indian Penal Code as well as under Section 27 of the Arms Act.

Allegation in brief is that the informant's son was called by Vikki Mishra from his house and went along with him and his friend Sanjay Singh and later on the informant learnt that both were killed by the accused persons and their bodies were thrown in the river Ganges, which were later on recovered. Learned counsel for the petitioner submits that allegation of taking away the informant's son, the deceased, is against Vikki Mishra and not against the petitioner and informant

Patna High Court Cr.Misc. No.30308 of 2018(5) dt.18-07-2018 2/2 is not the eye witness to the occurrence and there is no witness in the diary who is said to have seen the occurrence, only suspicion is raised against the petitioner and in the investigation it transpired that there was some dispute with the step-brother relating to property, therefore, he was eliminated and Vikki Mishra was admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. No.18449 of 2018.

Having considered the aforesaid facts and circumstances, petitioner Raju Jha is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, VI, Begusarai in connection with Matihani P.S. Case No.74 of 2015 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T