Allowed

Suresh Jha @ Doman v. The State Of Bihar

Patna HC4 Oct 2013CR. MISC./18632/2013

Case brief

AI extract

What is this about?

In this bail matter, the High Court at Patna granted bail to the petitioner charged with murder. The court directed the petitioner to execute a bond with sureties and appear at trial if charges are framed. Default appearance on two consecutive dates could lead to bail cancellation.

What did the court decide?

Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of same amount.

Suresh Jha @ Doman Vs The State Of Bihar — Bail and Remand | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18632 of 2013

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Suresh Jha @ Doman S/O Dinesh Jha Resident Of Village- Lohargama, Police Station- Sakara, District- Muzaffarpur

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.... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ======================================================

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CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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Heard learned counsel for the petitioner and Ms. Indu Bala Pandey APP for the State.

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3 04-10-2013

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Petitioner is facing charge punishable under Section 302 of the Penal Code. The FIR was lodged by the wife of the deceased alleging therein that at dead of night three miscreants entered into the room. Two of them caught hold of husband of the informant while one of them pierced knife on his chest, neck and leg. After committing the crime all of them took to heel.

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Submission made on behalf of the petitioner is that FIR has been lodged against unknown. In course of investigation confessional statement of one of the accuseds was recorded in which the petitioner has been named. The petitioner is also said to have made an inculpatory statement. It is submitted that except the aforesaid material, there is no evidence directly connecting the petitioner with the alleged crime. The petitioner has no criminal antecedent. He is lodged in jail custody since 13-08-2012. Two accused persons similarly situate in the present case have since

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Patna High Court Cr.Misc. No.18632 of 2013 (3) dt.04-10-2013

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been privileged with bail by this Court. Reliance in this regard has been placed on an order dated 29.1.13 passed in Cr. Misc. No. 45343 of 2012 (Annexure-2).

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In the facts and circumstances of the case, this Court is persuaded to enlarge the petitioner on bail. Let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 102 of 2012 subject to the following conditions:-

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(i) One of the bailors shall be the own/close family member of the petitioner.

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(ii) Once the charges are framed the petitioner shall appear in person at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have liberty to cancel the bail bond(s) of the petitioner and secure his arrest in accordance with law.

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(Kishore Kumar Mandal, J)

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Shyam/-

Suresh Jha @ Doman v. The State Of Bihar

Case brief

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Suresh Jha @ Doman v. The State Of Bihar

Case brief

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