Baiju Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16089 of 2017 Arising Out of PS.Case No. -172 Year- 2016 Thana -PANDAUL District- MADHUBANI ====================================================== Baiju Kumar Jha, son of Sri Ram Kumar Jha, resident of Village- Haripur Gachchi Tola, P.S.- Bahera, District- Darbhanga. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Madhusudan Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Pandaul P.S.Case No. 172 of 2016 registered for the offences punishable under Sections 461, 379, 435, 411 and 34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that nothing has been recovered either from the house of the petitioner or from his conscious possession, rather recovery has been made from other accused persons and his name transpires in the confessional statement of co-accused before police and he is in custody for eight months.

Heard learned APP, who has pointed out that petitioner has criminal antecedent also.

Having heard both sides and from perusal of paragraph-2 of the petition it appears that petitioner has been made accused in two other cases also, which are of the year 2014 and

Patna High Court Cr.Misc. No.16089 of 2017 (2) dt.08-04-2017 2/2 now petitioner has remained in custody for eight months in this case and his name transpires on the basis of confessional statement, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Pandaul P.S.Case No. 172 of 2016, G.R.No.1670 of 2016, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) spal/- U