Anchal Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.29195 of 2016 (3) dt.01-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29195 of 2016 Arising Out of PS.Case No. -269 Year- 2015 Thana -SHEOHAR District- SHEOHAR ====================================================== Anchal Jha Son of Bateshwar Jha resident of village - Koeli, Police Station Nanpur, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Girish Chandra Jha, Advocate. For the Opposite Party/s : Mr. Sri Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 29.12.2015 in connection with Sheohar P.S. Case No. 269 of 2015 registered for offences under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution story, in brief, is that the cousin grand father of the informant namely, Rajendra Prasad Singh was Senior Side Supervisor in Techno Power Enterprises Private Ltd. All officers and employees of the company went to Dumari Block on 2.12.2015 at about 9.30 A.M. and at about 10.30 A.M. one Abhishek Kumar informed by mobile that two miscreants came at door of office on motorcycle from south side with arms and in front of door started indiscriminately firing over Rajendra Prasad Singh and fled away via main road Muzaffarpur. They also threw

Patna High Court Cr.Misc. No.29195 of 2016 (3) dt.01-09-2016 some papers there. Thereafter, he saw grand father of the informant was seriously injured by fire arms. He was sent to hospital where doctor declared him dead.

On behalf of the petitioner, it is submitted that the petitioner is in custody since 29.12.2015. Charge-sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. Petitioner is not named in the FIR. His name has come on the confessional statement of coaccused. There is no recovery of any incriminating articles from the possession of the petitioner. Other co-accused have been granted bail vide Annexure 2 and 2/1.

On behalf of the State, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 269 of 2015.

(Sudhir Singh, J) Prakash/- U T