Kalu Jha @ Shyam Sunder Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.31939 of 2017 (3) dt.27-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31939 of 2017 Arising Out of PS.Case No. -53 Year- 2017 Thana -KATIHAR District- KATIHAR ======================================================

1. Kalu Jha @ Shyam Sunder Jha Son of Naresh Mohan Jha, Resident of Naya Tola Shiv Mandir Chowk, P.S.- Katihar, Distt.- Katihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Ritambhara For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Katihar P.S. Case No. 53 of 2017 instituted for the offence under Sections-395 of the Indian Penal Code and 25(i-B)A, 27 of the Arms Act.

It has been submitted that the petitioner is not named in the first informant report. His name has been disclosed by Aniket Kumar who was arrested and some looted articles were recovered from his possession. The police has not done TIP in the case. From the order of learned Sessions Judge, it appears that ten years old child witness namely, Jagriti Kumari is said to be an eye witness of the occurrence who identified the accused on the basis of photo.

In such circumstances, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing

Patna High Court Cr.Misc. No.31939 of 2017 (3) dt.27-07-2017 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Katihar P.S. Case No. 53 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Katihar subject to condition that both the bailors should be local. (Sanjay Priya, J) A.K.V./- U T