Parichay Jha @ Bansidhar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11956 of 2025 Arising Out of PS. Case No.-313 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Parichay Jha @ Bansidhar Jha S/O Late Prem Shankar Jha R/O Vill - Totaha, P.S - Samho, Diat- Begusarai. At present resident of - Barahamtala, P.SSuryagarah, Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Advocate For the Opposite Party/s :

Ms.Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 313/2022 registered for the offences under Sections 392 and 397 of the Indian Penal Code.

3. As per the prosecution case, the informant states that four accused persons on a motorcycle on the point of pistol looted the informant of his mobile phone and other articles as described in the FIR.

4. Learned counsel for the petitioner submits that FIR was registered against unknown persons and it was

2/4 only during the investigation that the name of the petitioner has surfaced in the confessional statement of one coaccused Nitish Nyan @ Murla. Learned counsel further submits that no incriminating article has been recovered from the possession of the petitioner and till date no T.I.P. has been done. Learned counsel further submits that all the other accused persons of this case have been granted bail by a Co-ordinate Bench of this Court including the co-accused Nitish Nyan @ Murla has also been granted bail by a Coordinate Bench of this Court. It is lastly submitted that the petitioner has three criminal antecedents and is languishing in custody since 20.10.2024.

5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that the petitioner is part of a gang which is involved in such incidents of theft and loot and the criminal antecedents of the petitioner speaks about his conduct.

6.

Considering the aforesaid facts and circumstances of the case and taking into account that the petitioner's name has surfaced in the confessional statement of one co-accused namely Nitish Nyan @ Murla who has

3/4 already been granted bail by a Co-ordinate Bench of this Court and no incriminating article has been recovered from the possession of the petitioner, let the petitioner abovenamed be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 313/2022 subject to the conditions :- a. One of the bailors of the petitioner shall be his close relative.

b. The petitioner shall remain physically present in Court on each date of the trial.

c. In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to the cancelled by the court concerned.

d. The Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court

4/4 below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the afore-mentioned order shall not be delayed for purpose of or in the name of verification.

(Sourendra Pandey, J) tusharika/- U T