Anand Jha @ Bishdev Anand @ Bishwdev Anand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14835 of 2024 Arising Out of PS. Case No.-227 Year-2023 Thana- LAKHNAUR District- Madhubani ====================================================== Anand Jha @ Bishdev Anand @ Bishwdev Anand Son Of Late Madan Jha @ Late Madan Kumar Jha R/O-Madhura, P.S.-LAKHNAUR (R.S.-O.P.), Distt.- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Lakhnaur (R.S.- O.P.) PS Case No. 227 of 2023 dated 20.10.2023, instituted for the offence punishable under Sections 25(1-b)a/26/27/35 of the Arms Act.

3. The allegation is of recovery of one county made pistol and one empty cartridge from possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has no

Patna High Court CR. MISC. No.14835 of 2024(2) dt.11-03-2024 2/3 concern with the alleged recovery of arm. The seizure list prepared by the police is not in accordance with law and no independent witness has signe d on the seizure list. Lastly, it is submitted that two criminal cases are pending against the petitioner. The petitioner is in jail custody since 21-10-2023.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the ACJM 1st Jhanjharpur, Dist. Madhubani, in Lakhnaur ( R.S.- O.P.) PS Case No. 227 of 2023, subject to the conditions (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate

Patna High Court CR. MISC. No.14835 of 2024(2) dt.11-03-2024 3/3 the proceeding for cancellation of bail on ground of misuse. (Khatim Reza, J) shyambihari/- U T