This is an oral order addressing a bail petition filed under Section 302 read with 34 IPC. The High Court rejected the bail application due to the heinous nature of the allegations. The court directed the Trial Court to expedite and conclude the trial within six months.
Bail petition rejected; Trial Court directed to conclude trial within 6 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27032 of 2022
Arising Out of PS. Case No.-22 Year-2021 Thana- KHAJAULI District- Madhubani
======================================================
SANTOSH KUMAR JHA Son of Prabodh Jha @ Pramod Narayan Jha Resident of Village - Sukki, P.S.- Khajauli, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Subhash Kumar Jha For the Opposite Party/s : Mr.A.G. ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Learned counsel for the petitioner is permitted to
remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned
APP for the State.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 302 read with 34 of the Indian Penal Code.
As per the prosecution case, the nephew of the informant, co-villager Bishambhar and the petitioner Santosh Kumar Jha, went towards Uttari on two cycles. When the informant’s nephew and co-villager Bishambhar did not return till night, the informant and other villagers started searching
Patna High Court CR. MISC. No.27032 of 2022(4) dt.10-10-2022 2/3
them. The next day they were informed that two dead bodies have been found in the field of the co-accused which was identified as the nephew of the informant and co-villager Bishambhar. Later it was found that the petitioner Santosh Kumar Jha returned to his house at 12’o clock and on being asked about the two deceased persons, he told that in Tehra village dispute arose between them and he became injured and the informant’s nephew and co-villager Bishambhar fled away. It is further alleged that the said two dead bodies were dragged from the field of the co-accused Sanjay Kumar Singh to the farm of the co-accused Rambabu Singh. The field of the coaccused Sanjay Kumar Singh is fenced with live electric wire having electric current.
Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.02.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that it is the petitioner who was accompanied with the deceased and dispute
Patna High Court CR. MISC. No.27032 of 2022(4) dt.10-10-2022 3/3
arose between them and thereafter both of them were found dead. It is a case of murder.
Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge this petitioner abovenamed on bail.
Learned Trial Court is directed to expedite the trial
and conclude the same preferably within 6 months.
The bail petition stands rejected.
(Chandra Prakash Singh, J)
ayush/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in a charge of murder.
Whether the Trial Court should expedite the trial in the present case.
1 provisions across 1 enactments
Santosh Kumar Jha
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
