Monu Jha @ Monu Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42976 of 2017 Arising Out of PS.Case No. -277 Year- 2016 Thana -JAGDISHPUR District- BHAGALPUR ====================================================== Monu Jha @ Monu Kumar Jha, Son of Mithlesh Jha, Resident of VillageRayapura, P.S.- Goradih, District- Bhagalpur. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dr. Manoj Kumar, Advocate. For the Opposite Party : Mr. Sanjay Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 03.01.2017 in a case for the offence registered under Sections 457 and 380 of the IPC and subsequently Section 411 of the IPC was also added.
The prosecution story, in brief, is that the informant is a priest of a temple. When he came to offer prayer in the said temple he found Idol of Lord Radha Krishna is missing. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the
Patna High Court Cr.Misc. No.42976 of 2017 (3) dt.20-09-2017 2/2 petitioner. The petitioner has falsely been implicated in the present case due to mistake of fact. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of a co-accused. There is no recovery of any incriminating article from his possession. He has not been put on T.I. Parade. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bhagalpur in connection with Jagdishpur P.S. Case No. 277/2016. U.K./- (Sudhir Singh, J) U T