Allowed

Santosh Jha @ Santosh Kumar Jha v. The State of Bihar

Patna HC20 Jun 2023CR. MISC./4377/2023

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to two petitioners accused of murder and carrying a firearm under Sections 302/34 IPC and Section 27 Arms Act. The court was inclined to release them after hearing counsel for all parties. No case is reserved for the judgment but the application was allowed.

What did the court decide?

The petitioners are directed to be released on bail in connection with Musrigharari P.S. Case No. 113 of 2022 on furnishing a bail bond of Rs. 10,000/- each with two sureties of the like amount each t

Santosh Jha @ Santosh Kumar Jha Vs The State of… — Murder and Culpable Homicide | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4377 of 2023

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Arising Out of PS. Case No.-113 Year-2022 Thana- MUSRIGHRARI District- Samastipur

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======================================================

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SANTOSH JHA @ SANTOSH KUMAR JHA Son of Radha Jha @ Radhakant Jha Resident of Village - Udapatti, P.S.- Musrigharari, District - Samastipur

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Surendra Jha Son of Late Laldev Jha Resident of Village - Udapatti, P.S.Musrigharari, District - Samastipur

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vaishnavi Singh : Ajay Kumar Thakur, Ritwik Thakur For the informant/s : Rajeev Ranjan For the Opposite Party/s : Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR

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ORAL ORDER

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3 20-06-2023

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned APP for the State.

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The petitioners seek regular bail in connection with Musrigharari P.S. Case No. 113 of 2022 registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of Arms Act.

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According to the FIR, the informant alleged that his son namely, Ajit Jha @Sonu was committed murder by shot fire by the accused persons including the petitioners. Thereafter, this case has been lodged.

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Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. From

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Patna High Court CR. MISC. No.4377 of 2023(3) dt.20-06-2023 2/3

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perusal of prosecution case, initially, there is no eye witness of the alleged occurrence. Further, the falsity of the present case is that the inquest report of the deceased was prepared on 28.6.2022 at Sadar Hospital, Samastipur on Ambulance stretcher and family members of the deceased are the inquest report witnesses. It is also submitted that the informant in his further statement has stated that his wife disclosed that villagers informed her that all the accused persons killed her son at the house of Chandan Chaudhary and thereafter only on the basis of suspicion, these petitioners have made accused in the present case. The family members of the co-accused Chandan Chaudhary have made altogether a different allegation in order to save their son Chandan Chaudhary. Moreover, the petitioners are languishing in judicial custody since 8.9.2022.

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Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Musrighharari P.S. Case No. 113 of 2022 on furnishing bail

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Patna High Court CR. MISC. No.4377 of 2023(3) dt.20-06-2023 3/3

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bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief

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Judicial Magistrate, Samastipur.

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(Sunil Kumar Panwar, J)

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Amandeep/-

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U T

Santosh Jha @ Santosh Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Jha @ Santosh Kumar Jha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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