Mukesh Kumar Jha @ Bambholi Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 18310 of 2017 Arising Out of PS.Case No. -68 Year- 2006 Thana -JHANJHARPUR District- MADHUBANI ====================================================== Mukesh Kumar Jha @ Bambholi Jha, Son of Taranand Jha, resident of Village Bharam, P.S. Bhairab Asthan, District- Madhubani. .... .... 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. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

10-05-2017 Heard Sri Manoj Kumar Jha, learned counsel for the petitioner and Sri Parmeshwar Mehta, learned Addl. Public Prosecutor.

This is the 2nd attempt for grant of bail on behalf of the petitioner in Sessions Trial No. 47 of 2017 (arising out of Jhanjharpur/Bhairab Asthan P.S. Case No. 68 of 2006) registered for offence under Sections 307/34 of the Indian Penal Code & Section 27 of the Arms Act, 1959 and subsequently, Section 302 of the Indian Penal Code was added.

It was submitted by learned counsel for the petitioner that despite the fact that petitioner is in custody since 26-04-2016, till date charge has not been framed. He further submits that in the case, none has seen the occurrence and only on suspicion,

Patna High Court Cr.Misc. No.18310 of 2017 (3) dt.10-05-2017 2/3 petitioner has been made accused.

Sri Parmeshwar Mehta, learned Addl.

Public Prosecutor submits that once on merit, the prayer for bail of petitioner was rejected, there is no point to consider whether the petitioner was made accused on suspicion or not. However, he was not in a position to dispute that till date charge has not been framed.

In this case, earlier by order dated 19-04-2017, a report was called for from the court below, which has been received and kept at flag 'A'. The report dated 27th April, 2017 of the learned Additional Sessions Judge II, Madhubani corroborates the submission of learned counsel for the petitioner that till date charge has not been framed.

In view of facts and circumstances, there is no reason to further detain the petitioner.

Let the petitioner namely Mukesh Kumar Jha @ Bambholi Jha 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 learned Additional Sessions Judge VI, Madhubani in connection with Sessions Trial No. 47 of 2017 (arising out of Jhanjharpur/Bhairab Asthan P.S. Case No. 68 of 2006), with condition that one of the bailor must be blood relation

Patna High Court Cr.Misc. No.18310 of 2017 (3) dt.10-05-2017 3/3 of the petitioner and secondly, during trial, the petitioner shall remain physically present before the trial court on each and every date. If continuously on two dates, the petitioner remains absent, without prior permission of the trial court, his bail-bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T