Rohit Jha @ Rohit Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.44575 of 2017 (3) dt.16-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44575 of 2017 Arising Out of PS.Case No. -32 Year- 2017 Thana -BANGAON District- SAHARSA ======================================================

1. Rohit Jha @ Rohit Kumar Jha Son of Surendra Kumar Jha, R/o VillageMuradpur, P.S.- Nauhatt, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bangaon P.S.Case No.32 of 2017 registered for offences punishable under Sections 148,1 49, 307, 399, 402, 353, 332, 333, 188, 224, 225 of the Indian Penal Code and Section 25(10b)a/ 25(1-AA), 26, 27 and 35 of the Arms Act.

Petitioner is not named in the FIR, however, it appears that he is accused in 08 other cases also. Submission of the learned counsel for the petitioner is that all the cases lodged against the petitioner is of the year, 2017 and earlier to that a case had been lodged by the brother of the petitioner against the police personnel, which is annexure 2 to the supplementary affidavit, as such he has been falsely implicated in the present case and earlier also there were large number of cases. Further submission is that he is in custody for about four months.

Patna High Court Cr.Misc. No.44575 of 2017 (3) dt.16-10-2017 The charge-sheet has already been submitted and there is no recovery from the possession of the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saharsa in connection with Bangaon P.S.Case no.32 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within the jurisdiction of concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U T