Supreme Court asks Bihar govt to arrest three accused in Ojha murder case

PATNA: The Supreme Court has directed the state government to arrest the three accused in former state BJP vice president Visheshwar Ojha murder case, who were released on bail despite the apex court directive issued on September 13, 2018, to keep them in custody.
Ojha was gunned down by a gang of armed criminals near Sonbarsa Bazar under Shahpur police station area in Bhojpur district when he was on way to Patna in his car on February 12, 2016. The daylight murder led to violent protests in Shahpur area from where he had unsuccessfully contested the state assembly election in 2015.

A division bench of Justice S A Bobde and Justice Abdul Nazeer while hearing a petition filed on behalf of the deceased’s relative Raj Nath Ojha, directed the state government to arrest the three accused—Basant Mishra, Uma Kant Mishra and Tunni Mishra—who were released on bail.

The order of the division bench says, “Learned counsel for the State states that it is not disputed that the three accused, namely Basant Mishra, Uma Kant Mishra and Tunni Mishra, have been wrongly released inspite of order of this court dated 14.09.2018. We, therefore, direct the respondent State to arrest the afore-stated persons and keep them in custody.”

Akhilesh Kumar Pandey appeared on behalf of the petitioner, Abhinav Mukerjee, Punima Krishna and others deposed on behalf of the respondent.

Hailing the SC order, the deceased’s brother Bhuwar Ojha requested the state government to initiate action at the earliest. He said the apex court has served notices on two other accused—Buwa Singh and Pappu Singh—who were granted bail by the Patna high court. He even alleged that police failure led to the killing of the main witness Kamal Kishore Mishra at Sonbarsa on September 28 last year. Another resident had also suffered bullet injuries in the attack.

While Basant, Uma Kant and Tunni were granted bail by the additional district and sessions judge-II, Ara civil court, Pappu and Buwa were released on the order of the Patna high court.

This is not the first occasion when the SC has directed the Bihar government to arrest the accused involved in any sensational murder case. Earlier, the SC had expressed its displeasure over bail granted to former RJD MP Mohammad Shahabuddin in connection with a case related to kidnapping and subsequent murder of two brothers in Siwan’s Pratappur area.

Later Shahabuddin surrendered in Siwan court. He was subsequently shifted to Delhi’s Tihar jail after the intervention of the Supreme Court.