Aditya Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70260 of 2022 Arising Out of PS. Case No.-207 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== ADITYA KUMAR JHA Son of Late Ugan Jha @ Ugrnath Jha Resident of Gandhawari, P.S.- Pandoul, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Kumar For the Opposite Party/s :

Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 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 302, 120(B), 201, 34 of the Indian Penal Code.

The prosecution story, in brief, is that on 4.10.2021 at about 6:30 PM, the informant's son namely, Rajesh Raushan Jha (deceased) told the informant that his brother-in-law namely, Devesh Jha, one of the co-accused of this case, has asked him to come to his house where he shall prepare documents relating to the marriage of his sister Jyoti Devi with him and also pertaining to her divorce from her 1st husband. The informant's son after disclosing this fact to the informant, went to the parental house of his wife Jyoti Devi along with co-accused. On

Patna High Court CR. MISC. No.70260 of 2022(2) dt.13-03-2023 2/3 the next day of alleged occurrence, the informant came to know that the dead body of her son was traced out near a pond in the village of Bhandarso. It is further alleged that the petitioner is indulged in hatching conspiracy to kill the informant's son in connivance with others.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. During investigation, no any consistent material has come against the petitioner except C.D.R. of mobile of the co-accused Devesh Kumar Jha who happens to be the younger brother of Jyoti Kumari. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated co-accused namely, Anuj Kumar Jha has already been granted bail by a co-ordinate Bench of this Court vide order dated 17.8.2022 passed in Cr. Misc. No. 7688 of 2022 and the same has been annexed as Annexure-2. It is further submitted that the petitioner is languishing in judicial custody since 3.11.2021.

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

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.70260 of 2022(2) dt.13-03-2023 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Manigachhhi P.S. Case No. 207 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Darbhanga.

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