Criminal Miscellaneous appeals against bail rejection. The Patna High Court granted bail to two petitioners accused of murder, noting the informant was not an eyewitness and recovery of a gamcha was from an open place.
Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.7292 of 2022
Arising Out of PS. Case No.-135 Year-2021 Thana- RAJNAGAR District- Madhubani
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Bhabesh Kumar Jha @ Bhabesh Jha Son of Raman Ji Jha Resident of Village - Amada, P.S.- Rajnagar, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 7450 of 2022
Arising Out of PS. Case No.-135 Year-2021 Thana- RAJNAGAR District- Madhubani
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Awdhesh Jha @ Awdhesh Kumar Jha Son Of Raman Ji Jha Resident Of Village- Amada, Police Station- Rajnagar, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 7292 of 2022) For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the State : Mr. Shyam Kumar Singh, APP For the Informant : Mr. Subhash Kumar Jha, Advocate (In CRIMINAL MISCELLANEOUS No. 7450 of 2022) For the Petitioner/s : Mr. Ravindra Nath Dubey, Advocate For the State : Mr. Anuj Kumar Shrivastava, APP For the Informant : Mr. Subhash Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 17-10-2022
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Rajnagar P.S. Case No. 135 of 2021 registered for the offence under
Patna High Court CR. MISC. No.7292 of 2022(3) dt.17-10-2022 2/3
Sections 302, 201 and 34 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 29.04.2021.
The allegation against the petitioner is to commit murder of son of the informant, alongwith other co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that informant is not the eye witness of the occurrence, where entire allegation is raised on the basis of suspicion, for the reason that the deceased is alleged to have love affair with the sister of the petitioner. It is submitted that the implication is also based upon self confession of the petitioner, where in furtherance, a ‘gamcha’ was recovered from the back of the house of this petitioner, which is an open place and, as such, cannot be connected, in any manner, with the present occurrence, in want of any scientific evidence. It is further submitted that Call Detail Report (CDR) is of no bearing over the merit of this case. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation in this case is complete for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence.
Patna High Court CR. MISC. No.7292 of 2022(3) dt.17-10-2022 3/3
Learned APP duly assisted by learned counsel for the informant, while opposing the prayer of bail, fairly conceded the fact that informant is not the eye witness of the occurrence, where recovery of alleged ‘gamcha’ was made from back of the house of the petitioner, on the basis of confessional statement of the petitioner.
In view of the facts and circumstances, as mentioned above, as informant is not the eye witness of the occurrence, where alleged recovery of ‘gamcha’ was made from open place coupled with the fact that chargesheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Rajnagar P.S. Case No. 135 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Ankit/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail given the informant is not an eyewitness and the alleged evidence was insufficient.
1 provisions across 1 enactments
Bhabesh Kumar Jha
Awdhesh Jha
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
