Ishwar Jha And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60946 of 2018 Arising Out of PS. Case No.-508 Year-2014 Thana- SAKRA District- Muzaffarpur ======================================================
1. Ishwar Jha, Son of Late Ganga Jha,
2. Mahesh Jha,
3. Ramesh Jha,
4. Umesh Jha, All are Sons of Prabhu Jha, All are resident of Village- Lohargama, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. A.K. Thakur, Mr. Shashank Shekhar Ms. Swati Sinha, Advocates For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.
Petitioners seek bail in Sakra P.S. Case No.508 of 2014 registered for the offence punishable under Sections 147, 149, 448, 452, 436, 341, 323, 326, 307 and 302 of the Indian Penal Code.
Informant has alleged that he and his mother were sitting at the door when F.I.R. named accused including the petitioners came there and they had brought kerosene oil with them which was poured upon them and were set ablaze. It has been submitted that after investigation, the police has found the case not to be true against the petitioners and submitted final form. However, the court below has not
Patna High Court Cr.Misc. No.60946 of 2018(4) dt.12-12-2018 2/3 accepted the opinion of the Investigating Officer and differing with the opinion of the Investigating Officer has taken cognizance against the petitioners. Petitioners have no criminal antecedent and they are in custody since 06.07.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned 11th Addl. District and Sessions Judge, Muzaffarpur in connection with Sessions Trial No.473 of 2018 arising out of Sakra P.S. Case No. 508 of 2014 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.
(3) If the petitioners tamper with the
Patna High Court Cr.Misc. No.60946 of 2018(4) dt.12-12-2018 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(S. Kumar, J) Sanjay/- U T