Bhola @ Bhola Jha @ Shailesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41919 of 2017 Arising Out of PS.Case No. -330 Year- 2015 Thana -PARWATTA District- KHAGARIA ====================================================== Bhola @ Bhola Jha @ Shailesh Jha, Son of Late Bhagwan Jha, resident of Village- Muradpur, Police Station- Parbatta, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Adv. For the Opposite Party/s : Mr. Sri Ram Sumiran Roy, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Parbatta P.S. Case No. 330 of 2015 for offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case, as lodged by the informant who is Sarpanch of Madhavpur Panchayat, is that while she had gone for negotiation and her daughter was in the house, the petitioner along with four unknown persons came and on gunpoint stole large number of household items, documents and cash of Rs. 20,000/-. It is alleged that the petitioner earlier also

Patna High Court Cr.Misc. No.41919 of 2017 (2) dt.20-09-2017 2/3 tried to kill the informant.

It has been submitted by the learned counsel for the petitioner that he is innocent and because of personal enmity and land dispute he has been falsely implicated in the aforesaid case. He submits that both the informant and petitioner are Patidars and informant and her husband are themselves criminal persons and number of cases one of them being Kashim Bazar P.S. Case No. 134 of 2017 has been lodged against them. He submits that nothing has been recovered from the possession or the house of the petitioner and that he is languishing in judicial custody since 30.06.2017. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 Chief Judicial Magistrate-1, Khagaria in connection with Parbatta P.S. Case No.330 of 2015, subject to

Patna High Court Cr.Misc. No.41919 of 2017 (2) dt.20-09-2017 3/3 the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Devendra/- U T