Patna High CourtCR. MISC./18121/2019disposed

Pawan Kumar Jha v. The State Of Bihar

2019-04-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18121 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== PAWAN KUMAR JHA Son of Mohan Jha, Resident of Village - Gangapur (Tola Sarhad Sahpur) P.s.- Pandaul, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Bhairav Ashthan P.S. Case No. 122 of 2018 corresponding to G.R. No. 1588 of 2018 for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1b)a/26/35 of the Arms Act. The allegation is regarding recovery of one automatic pistol and live cartridges from possession of the petitioner and it is alleged that the accused persons were preparing to commit dacoity.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and is

Patna High Court CR. MISC. No.18121 of 2019(2) dt.02-04-2019 2/2 having a clean antecedent. The petitioner is stated to be languishing in custody since 2.12.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to direct for release of the petitioner immediately upon completion of six months of his custody i.e. w.e.f. 02.12.2018 subject to such condition as may be imposed by the learned court of A.C.J.M., Jhanjharpur in connection with Bhairav Ashthan P.S. Case No. 122 of 2018 corresponding to G.R. No. 1588 of 2018.

With the aforesaid directions, the petition stands disposed of with the aforesaid directions.

(Mohit Kumar Shah, J) Tiwary/- U T