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Patna High CourtCR. MISC./10864/2022bail granted

Kanhai Jha @ Bitan Jha @ Kanhaiya Jha @ Kanhaiya Kumar v. The State Of Bihar

2022-08-29Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10864 of 2022 Arising Out of PS. Case No.-160 Year-2014 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

KANHAI JHA @ BITAN JHA @ KANHAIYA JHA @ KANHAIYA KUMAR S/o Vidyapati Jha @ Pappu Jha R/o village- Simaridih, P.S.- Warisaliganj, District- Nawada 2.

Lucky Jha @ Lucky Narayan Jha @ Lakki Jha S/o Naresh Jha @ Ram Naresh Jha R/o village- Simaridih, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra For the Opposite Party/s :

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Warsaliganj P.S. Case no. 160 of 2014 instituted for the offence punishable under Sections 461 and 379 of the Indian Penal Code.

Prosecution case relates to theft of eight piece of C.P.U. and 10 piece Monitor from the Library of S.N. Sinha College, Barsaliganj.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. Some of the stolen articles have been recovered from the house of co-accused Ashutosh Kumar Ranjan and in

Patna High Court CR. MISC. No.10864 of 2022(2) dt.29-08-2022 2/2 his confessional statement, name of the petitioner has been surfaced in the present case before the police, which has got no evidentiary value in the eye of law. Full brother of the petitioner no. 1 has been arrested by the police, and he has been granted regular bail by the court below. Petitioners have got no criminal antecedent.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Warsaliganj P.S. Case no. 160 of 2014, they will 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 learned ACJM-II, Nawada subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U