IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No. 8483 of 2011
HARI BOL JHA, S/o Late Sudhir Jha, Resident of
Village - Anadipur, P.S.- Kahalgaon, District - Bhagalpur .
Versus
THE STATE OF BIHAR .
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2 23.03.2011 Heard Sri Subodh Kumar Jha, learned counsel
for the petitioner and Smt. Indu Bala Pandey, learned
Addl. Public Prosecutor.
This is the second attempt for grant of bail in
Sessions Trial No. 351 of 2009, arising out of Kahalgaon
P.S. Case No. 382 of 2008, which was registered under
Sections 302, 201, 120B/34 of the Indian Penal Code and
Section 27 of the Arms Act.
Earlier prayer for bail of the petitioner was
rejected only on the ground that trial had already
commenced and five witnesses were examined, and
accordingly, his bail was rejected on 12.3.2010, vide Cr.
Misc. No. 5968 of 2010, directing the Trial Court to
conclude the trial expeditiously, and preferably, within a
period of nine months from the date of receipt /
production of a copy of the order.
Learned counsel for the petitioner while
referring to order dated 10.2.2011, passed by the learned
Trial Court, submits that out of thirteen witnesses, till
date, only eight witnesses have been examined. On earlier
occasion, when bail was rejected, five witnesses had
already been examined.
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Learned counsel for the petitioner further
submits that after rejection of prayer for bail of the
petitioner on 12.3.2010 other accused persons of the
present case, almost in similar circumstances, had
approached this court for grant of anticipatory bail, which
has been allowed on 30.6.2010, vide Cr. Misc. No. 20925
of 2010. By the said order, it was submitted, that co-
accused Bharat Bhusan Jha @ Laddu Jha, Laxman Yadav
and others have been granted privilege of anticipatory
bail. This fact has not been disputed by learned Addl.
Public Prosecutor.
In view of changed circumstances, i.e. grant of
anticipatory bail to other co-accused, almost in similar
circumstances, there is no reason to deny the prayer for
bail of the petitioner.
Let the petitioner, Hari Bol Jha, be enlarged on
bail on furnishing bail bond of Rs. 10,000/- (Rupees ten
thousand) with two sureties of the like amount each to
the satisfaction of learned Additional Sessions Judge,
Fast Track Court No. V, Bhagalpur, in connection with
Sessions Trial No. 351 of 2009, arising out of Kahalgaon
P.S. Case No. 382 of 2008, with a condition, that on each
and every date, the petitioner shall remain physically
present before the Trial Court, failing which, his bail bond
shall stand automatically cancelled. However, in case of
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exigency, on prior permission of the Trial Court, the
petitioner can remain absent on a particular date.
( Rakesh Kumar, J.)
Praful