Ajay Kumar Jha@ Ajay Jha @Babua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1878 of 2019 Arising Out of PS. Case No.-105 Year-2016 Thana- MUSRIGHRARI District- Samastipur ====================================================== Ajay Kumar Jha @ Ajay Jha @ Babua, son of Kameshwar Jha, resident of village Dharmagatpur Gangati, P.S. Sakra, Distt. Muzaffarpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur, Advocate.
For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-01-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Musari Gharari P.S.Case No. 105 of 2016, instituted for the offence under Section 394 of the Indian Penal Code.
Counsel for the petitioner submits that petitioner is not named in the written report. There is no recovery from his possession.
The Sessions Judge has mentioned in the impugned order that name of petitioner has come in the confessional statement of co-accused Rakesh Kumar @ Dhanna Seth as mentioned in paragraph-41 of the case diary. It is also mentioned in the impugned order that during investigation, on the basis of Photo album, the informant is alleged to have
Patna High Court Cr.Misc. No.1878 of 2019(2) dt.15-01-2019 2/2 identified petitioner and other co-accused.
Petitioner is in custody since 9.10.2018.
Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.C. Verma, learned Judicial Magistrate, 1st Class, Samastipur, in connection with Musari Gharari P.S. Case No. 105 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T