Shubhankar Jha @ Amit Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19646 of 2021 Arising Out of PS. Case No.-44 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== SHUBHANKAR JHA @ AMIT KUMAR JHA Son of Jagannath Jha Resident of Village - Gonaun, P.S.- Ghanshyampur, District - Darbhanga. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Ranjan Kumar For the Opposite Party/s :
Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-12-2021 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in connection with Benipatti P.S. Case no. 44 of 2020 registered for the offence punishable under section 394 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner is in custody since 21.10.2020 and charge sheet has been submitted and has three antecedent as mentioned in para 3 of the bail petition. Learned counsel for the petitioner further submits that the informant alleges that on 27.2.2020 while he along with his associate was counting the money of the company, when two unknown criminals armed with pistol came in the room and threatened the staff of the company and when Abhinash Kumar Singh protested he was shot leading to injury
Patna High Court CR. MISC. No.19646 of 2021(3) dt.15-12-2021 2/3 and the accused looted Rs 7,39,580/- of the Finance company. Learned counsel submits that FIR is against unknown and name of the petitioner transpired during course of investigation and in para 41 of the case diary, it has come that this petitioner had not participated in the occurrence rather he had offered arm to Raj Kumar Jha.
Learned APP after perusing case diary submits that as far as this petitioner is concerned, it has come in para 41 of the case diary that he had offered his arm to Raj Kumar Jha but submits that this petitioner was aware that accused was going to commit the occurrence as such does not deserve bail. Considering the facts that petitioner is in jail custody and co-accused has been granted bail by the learned court below as is evident from the impugned order itself and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Benipatti District Madhubani in Benipatti P.S. Case no. 44 of 2020 with condition that petitioner will mark his attendance in between 2025 of every month commencing from January, 2022 till the charges are not framed, in the event it is reported by local police
Patna High Court CR. MISC. No.19646 of 2021(3) dt.15-12-2021 3/3 that petitioner has not marked his attendance in between 20-25 of any of the month till framing of the charge, the learned court below will be at liberty to cancel his bail bond. (Satyavrat Verma, J) s.hassan/- U T