Abhishek Kumar Jha @ Abhishekh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22175 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ====================================================== Abhishekh Kumar Jha @ Abhisek Kumar Jha, Son of Ratan Kumar Jha, Resident of Village- Baratol, P.S. Phulparas, District- Madhubani presently residing at Mohalla- Belbhadrapur, P.S. Laheriasarai, District- Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Jagnnath Singh, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 09.02.2017 in connection with Laheriasarai P.S. Case No. 41 of 2017 registered for the offence punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code and Sections 25(1-b) and 26 of the Arms Act.

The prosecution case is that police personnel received information that firing is going on in Balbhadrapur mohalla and thereafter a written report was filed by one Vishnu Kant Jha that the petitioner is indulged in firing and has hidden himself in his house. Petitioner was apprehended from his house, who disclosed that fire-arm and mobile has been hidden in the water tank on the

Patna High Court Cr.Misc. No.22175 of 2017 (4) dt.21-06-2017 2/2 roof top of the house in a plastic jar. Accordingly, seizure-list was prepared.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no other criminal history, except, an earlier case lodged by the said Vishnu Kant Jha, as both were on inimical terms, but they have since compromised the matter. It has further been submitted that no overt act has been committed resulting in any injury to any person and that nothing has been recovered from his conscious possession. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 41 of 2017.

(Nilu Agrawal, J.) Arjun/- U T