Ashok Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57580 of 2022 Arising Out of PS. Case No.-36 Year-2022 Thana- SAMHO District- Begusarai ====================================================== ASHOK JHA SON OF LATE SHEO NATH JHA Resident of Village- Sarlahi, P.S.- Samho, District- Begusarai, ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 448 and 307 of the Indian Penal Code and Section 27 of the Arms Act later on Section 302 of IPC added.

As per allegation in the FIR informant alleged that while he was attending a Barat at the meantime some unknown miscreants entered his house and fired on his aunt with intention to kill after that they fled away. During treatment deceased died. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Petitioner is an old age husband of the deceased and he has falsely been implicated in this case merely on the basis of suspicion. Neither

Patna High Court CR. MISC. No.57580 of 2022(3) dt.23-03-2023 2/2 petitioner is named in the FIR nor any incriminating articles have been recovered from conscious possession of this petitioner. It is also submitted that no eye witness was present at the time of alleged occurrence. He has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 12.05.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the above said facts and custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Samho P.S. Case No. 36 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai.

(Sunil Kumar Panwar, J) Manish/- U T