Saroj Kumar Jha @ Saroj Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12760 of 2021 Arising Out of PS. Case No.-238 Year-2017 Thana- CHANPATIA District- West Champaran ====================================================== 1.
SAROJ KUMAR JHA @ SAROJ JHA Son of Sri Hit Narayan Jha Resident of Village- Lagma, Rambhadra, P.S.- Sakatpur, District- Darbhanga. 2.
Manish Kumar Kediya Son of Sri Mahavir Prasad Resident of MohallaLalbazar, Ward No. 20, P.S.- Bettiah Town, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State through virtual mode.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.
The petitioners are apprehending their arrest in a case registered under Sections 409 and 420 of the Indian Penal Code.
Patna High Court CR. MISC. No.12760 of 2021(2) dt.16-02-2022 2/3 The prosecution allegation, in short, is that Rs. 1,18,000/- has been illegally transacted from the account of the informant.
It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. No illegal transfer of money is made by the petitioners. Subsequently, a petition was filed in the Court below in which the informant has retracted from the earlier statement in the F.I.R.. The said petition filed by the informant is Annexure-2 to the present application.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Patna High Court CR. MISC. No.12760 of 2021(2) dt.16-02-2022 3/3 Considering the aforesaid facts and circumstances, the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on their personal bonds to the satisfaction of learned A.C.J.M.- V, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 238 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Pankaj/- U T