Rakesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15634 of 2017 Arising Out of PS.Case No. -121 Year- 2016 Thana -AURAI District- MUZAFFARPUR ====================================================== Rakesh Kumar Jha Son of Devendra Jha Resident of Village-Kumhara Vishanpur, POlice Station Dumra, District Sitamarhi .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Hari Mohan Mishra, Advocate For the Opposite Party/s : Smt. Asha Kumari, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 2.

12-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 20.10.2016 in connection with Aurai P.S. Case No. 121 of 2016 registered for the offence punishable under Sections 392 of the Indian Penal Code.

The prosecution case is that the informant, while returning from his relative's place, was apprehended by 2 to 3 persons on a gun point snatched his Pulsar motorcycle and Rs. 8000/- from his pocket and also snatched one Samsung Mobile phone and fled away. It has been submitted by the learned counsel for the petitioner that petitioner is innocent and has falsely been implicated in the aforesaid case on the confessional statement of one co-accused namelyNagendra Sah @

Patna High Court Cr.Misc. No.15634 of 2017 (2) dt.12-04-2017 Bhaisa Singh, which has no evidentiary value in the eye of law. However, charge-sheet has been submitted. Hence, there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances of the case and materials placed on the record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Aurai P.S. Case No. 121 of 2016, subject to the condition that one of the bailors must be a close relative of the petitioner who will file an affidavit showing his relationship with the petitioner and petitioner will appear before the police/court on each and every date, failure to appear on two consecutive dates will entail cancellation of his bail bonds.

(Nilu Agrawal, J.) Rajeev/- U T