← Library
Patna High CourtCR. MISC./9840/2023allowed

Jethu Singh Bhokta @ Jathu Singh Bhogta v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9840 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- BHADHWAR District- Gaya ====================================================== JETHU SINGH BHOKTA @ JATHU SINGH BHOGTA Son of Baidhu Singh Bhokta Resident of Village - Pannatanrh, P.S.- Bhadwar, Distt.- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 307, 353, 121, 124(A), 216/34 of the Indian Penal Code and Sections 13, 16, 17, 18, 19, 20, 38, 39 of Unlawful Activities Act and Sections 25(1-AA), 26, 35 of the Arms Act. As per prosecution case, after getting a confidential information about some culprits or nexalites were hidden by the petitioner in his house, the police party raided his house and recovered incriminating weapons from the persons who were concealed in his house.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner has no

Patna High Court CR. MISC. No.9840 of 2023(2) dt.18-04-2023 2/2 concern with the alleged recovery or with the nexalities persons and no any objectionable material has been recovered from conscious possession of the petitioner. As a matter of fact that some antisocial elements forcibly entered into the house of the petitioner with a view of concealed themselves against his will. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 23.7.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhadwar P.S. Case No. 24 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Sherghati at Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T