Patna High CourtCR. MISC./17944/2018bail granted

Suraj Prakash Jha v. The State Of Bihar

2018-05-04Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.17944 of 2018 (3) dt.04-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17944 of 2018 Arising Out of PS.Case No. -278 Year- 2017 Thana -FALKAHA District- KATIHAR ====================================================== Suraj Prakash Jha, Son of Chandrakant Jha, Resident of Village- Paharia, P.S.- Sarawa, District- Devghar, at present residing at Village- New Hathgar, P.S.- Kunda, District- Devghar .... .... Petitioner

Versus

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

For the Petitioner : Mr. Subhash Kumar Jha, Advocate For the Opposite Party : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 04-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is an accused in a case registered for offence under sections302,201/34 IPC Learned counsel for the petitioner submits that it is a case of suspicion and there is nothing to implicate the petitioner in the case and the allegation of being last seen him with the deceased along with Binod Poddar and Manish Kumar Singh is based on hearsay. Similarly situated co-accused Manish Kumar Singh and Binod Poddar have already been granted bail vide orders dated 9.2.2018 and 9.3.2018, passed in Cr Misc No. 1399/2018 and 63569/2017. Prior to the lodging of the instant case, the petitioner is not an accused in any other case. Petitioner is in custody since 28.9.2017.

Patna High Court Cr.Misc. No.17944 of 2018 (3) dt.04-05-2018 Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Katihar in Falka Police Station Case No. 278 of 2017, GR No. 4280 of 2017 on the following conditions:- One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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