Allowed

Rajendra Jha v. The State Of Bihar

Patna HC9 May 2016CR. MISC./18951/2016

Case brief

AI extract

What is this about?

In proceedings seeking anticipatory bail for a charge of murder and culpable homicide arising from an assault, the High Court found substance in the submission that the petitioner was unnecessarily implicated as the father of the main accused. The court allowed the application and directed release on bail upon arrest or surrender.

What did the court decide?

Petitioner allowed to be released on bail bond of Rs. 10,000 with two sureties upon arrest or surrender within six weeks.

Rajendra Jha Vs The State Of Bihar — Murder and Culpable Homicide | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.18951 of 2016

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Arising Out of PS.Case No. -87 Year- 2015 Thana -BHAIRABASHTHAN District- MADHUBANI

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====================================================== Rajendra Jha, S/o Late Inna Jha, resident of village- Mehath, P.S.Bhairabasthan, Distt.- Madhubani .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Kant Mishra For the Opposite Party/s : Mr. Navin Kr.Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 09-05-2016 Heard learned counsel for the petitioner and the learned Addl. Public Prosecutor, appearing on behalf of the State. This application for grant of anticipatory bail arises out of Bhairabasthan P.S.Case No. 87/2015, disclosing offences under sections 302/34 of the Indian Penal Code.

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Referring to the First Information Report, learned counsel for the petitioner has submitted that there is specific allegation of causing assault by Bambam Jha on the deceased leading to his death. The petitioner is the father of the said Bambam Jha. There is no allegation against the present petitioner of any nature in the First Information Report except that he was also instrumental in killing. Learned counsel for the petitioner has also submitted that the petitioner has been unnecessarily implicated only because he is father of the main accused Bambam Jha.

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Patna High Court Cr.Misc. No.18951 of 2016 (2) dt.09-05-2016

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I find substance in the submission made on behalf of the petitioner on perusal of the F.I.R. This application is, accordingly, allowed.

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Let the petitioner, abovenamed, in the event of his arrest/ surrender before the court below within six weeks from today, 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 A.C.J.M., Jhanjharpur (Madhubani) in Bhairabh Asthan P.S.Case No. 87/2015, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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This is subject to the condition that the petitioner shall present himself before the police/ court, as the case may be, as and when required and in the event of failure on his part to appear before the court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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Surendra/-

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Rajendra Jha v. The State Of Bihar

Case brief

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Rajendra Jha v. The State Of Bihar

Case brief

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