Brahmanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13282 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== AJAY SINHA @ AJAY KUMAR SINHA Son of Late indradeo Prasad Sinha R/o Bakhra Buzurg, PS- Bhagwanpur, Dist- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14606 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== BRAHMANAND JHA Son of Late Mod Narayan Resident of C/O- G.K Jha, Bir Basawan Singh Nagar, Bailey Road, P.S.- Rupaspur, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 13282 of 2023) For the Petitioner/s :

Mr. Dhirendra Kumar Jha For the Opposite Party/s :

Mrs. Asha Kumari (In CRIMINAL MISCELLANEOUS No. 14606 of 2023) For the Petitioner/s :

Mr. Dhirendra Kumar Jha For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 As both these bail petitions arise out of the same police station case number, hence, they are being heard together and disposed of by this common order.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection

Patna High Court CR. MISC. No.13282 of 2023(2) dt.29-04-2023 2/3 with Phulwari Sharif P.S. Case No.632 of 2022, registered for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code.

The petitioners being the employees of the company, namely, BBL Masala, took money from the informant but did not supply the products.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that petitioner, namely, Ajay Sinha @ Ajay Sinha had joined the company on 07.10.2021 and later on he resigned in November and the transaction between the informant and company was done on 05.10.2021 by NEFT. It is not alleged that the petitioners have received any money from the informant. The petitioners have also been made accused in the present case because they are the employees of the said company. It is further submitted that petitioner, Brahmanand Jha had not even joined the company. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Taking into consideration the facts aforesaid, let

Patna High Court CR. MISC. No.13282 of 2023(2) dt.29-04-2023 3/3 petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-XIV, Patna in connection with Phulwari Sharif P.S. Case No.632 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T