Sandeep Jha @ Bipul Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16731 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Sandeep Jha @ Bipul Jha, Son of Late Dashrath Jha, Resident of Village - Lohana (Pashimi Tola), P.S.- Bhairab Asthan, Distt - Madhubani. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gagan Deo Yadav For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 03.12.2018 in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-B)a/26/35 of the Arms Act.
The prosecution case is that on receiving a secret information that miscreants are preparing to commit dacoity, raid was laid, when from the possession of the petitioner, a knife measuring 9 1⁄4" was recovered.
It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the accusation has been levelled against the petitioner. A statement has been made in paragraph 3 of the
Patna High Court CR. MISC. No.16731 of 2019(2) dt.26-03-2019 2/2 petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery of a knife has been made from the petitioner.
Considering the nature of recovery and the fact that the investigation has already been concluded, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate Ist, Jhanjharpur, Madhubani in connection with Bhairab Asthan P.S. Case No. 122 of 2018.
(Dinesh Kumar Singh, J) DKS/- U T