Manish Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30453 of 2018 Arising Out of PS.Case No. -212 Year- 2015 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Manish Kumar Jha, Son of Santosh Kumar Jha, resident of VillageKaishor Lakhanpatti, Police Station- Warisnagar, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Warisnagar P.S. Case No.212 of 2015 registered for the offences punishable under Sections 302 and 201/34 of the Indian Penal Code.
It is alleged that a dead body was recovered from the bush near eastern side of the road and thereafter the present case was registered against unknown miscreants.
It has been submitted that there is no material in casediary to show the complicity of petitioner in the above crime. The petitioner has been apprehended merely on suspicion that the mobile location of petitioner, as per network, was found near the locality from where the dead body was recovered. Except
Patna High Court Cr.Misc. No.30453 of 2018 (3) dt.04-07-2018 confession by the petitioner before police, there is nothing against him. The petitioner is in custody since 11.03.2018. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Warisnagar P.S. Case No.212 of 2015, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U