Hariom Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11668 of 2023 Arising Out of PS. Case No.-276 Year-2022 Thana- BENIPATTI District- Madhubani ====================================================== HARIOM JHA Son of Rabindra Nath Jha @ Ravindra Nath Jha R/V- Teoth (Tyotha) P.s- Benipatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 25(1-b)a, 26, 35 of the Arms Act.

As per the prosecution case, the informant received a secret information that three to four persons having colorful bags were sitting on motorcycle near the girls' school in Tyoth village. When the police raided, a country-made pistol, a country-made katta, a 315 cartridge were found in the bag. Learned counsel for the petitioner submits that name of the petitioner transpired on the basis of confessional statement of co-accused person and nothing has been recovered from the possession of the petitioner. Except, confessional Statement of

Patna High Court CR. MISC. No.11668 of 2023(2) dt.28-04-2023 2/2 co-accused, there is no material to suggest the involvement of this petitioner in the alleged crime. The petitioner claims clean antecedent.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief A.c.J.M. -I, Benipatti, Madhubani in connection with Benipatti P.S. case no. 276 of 2022 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T