Madhav Jha @ Chotu Kumar Jha @ Chotu Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22795 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Madhav Jha @ Chotu Kumar Jha @ Chotu Jha S/o Sri Gunjan Jha resident of Village- Bishanpur, P.S. Dhamdaha, District- Purnia. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s : Mr. Amp Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
The petitioner seeks bail in a case for the offences punishable under sections 420, 467, 468, 471, 413 and 414/34 of the Indian Penal Code.
After receiving information from Ashish Kumar Yadav, the informant of K. Hat (Maranga) P.S. Case No.47 of 2016, the informant and other police personnel caught the petitioner and co-accused Kumar Nishant with black colour Pulsar motorcycle whose registration number was found forged and they confessed that they and co-accused Om Ji @ Rishi Raj used to snatch mobile of the passers and further they used stolen motorcycle in the crime.
Patna High Court Cr.Misc. No.22795 of 2016 (2) dt.26-05-2016 2/3 Submission is of false implication and that the said motorcycle was not of the petitioner, he has been made victim of police atrocity, nothing has been recovered from conscious possession of the petitioner, he has got clean antecedent and without any fault, he is suffering in custody since 10.2.2016. Charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence.
The learned A.P.P. submits that the petitioner and other co-accused were using motorcycle having forged registration number and further from possession of Kumar Nishant, one white colour Marcomax mobile was also recovered.
In the facts and circumstances stated above, considering that charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence and, as such, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of 1st Assistant Sessions Judge, Purnia in connection with K. Hat Maranga P.S. Case No.58 of 2016 corresponding to S.T. No.112 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the
Patna High Court Cr.Misc. No.22795 of 2016 (2) dt.26-05-2016 3/3 petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) N.H./- U T