Gautam Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5018 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -Arer District- MADHUBANI ====================================================== Gautam Jha, Son of Ojendra Kr. Jha, Resident of Village-Deopura, P.S.- benipatti, District-Madhubani, Bihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yashraj Bardhan, Advocate. For the Opposite Party/s : Smt. Anusuiya Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Arer P.S. case No. 84 of 2016 instituted for the offence under Section 379 and 411/34 of the Indian Penal Code.
It is alleged that the informant apprehended two persons who were taking the motorcycle. They disclosed their names as Bittu Jha @ Om Prakash Jha and Ashis Kumar Jha. The informant informed the police and both were arrested by the police. One of the apprehended persons Bittu Kumar Jha confessed his guilt before the police and he took the name of the petitioner in his confessional statement.
In the written report itself, it appears that the motorcycle was not recovered from the petitioner rather his name
Patna High Court Cr.Misc. No.5018 of 2017 (2) dt.23-02-2017 2/2 was disclosed by co-accused Bittu Kumar Jha who has been arrested by the police with stolen motorcycle. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Ajay Kumar, learned Judicial Magistrate, 1st Class at Benipatti, Madhubani, in connection with Arer P.S. Case No. 84 of 2016, G.R. No. 724 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T