Pawan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26356 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== Pawan Kumar Jha Son of Sri Shyamanad Jha @ Shyam Babu Jha Resident of Village- Habidih,P.S.- Baheri, District- Darbhanga- 847201. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prachi Pallavi For the Opposite Party/s :

Mr.Rajendra Pd.Nut,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Baheri P.S. Case No. 15 of 2021, registered for the offence under Sections 461 and 379 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to have stolen the idol of Lord Ganesha.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case at the instance of his uncle. Save and except suspicion, there is no other material against this petitioner. Moreover, the stolen idol has not been recovered from the possession of the petitioner. Petitioner has got clean antecedent and he is in custody since 18.01.2021. Learned A.P.P. for the State has opposed the bail

Patna High Court CR. MISC. No.26356 of 2021(2) dt.29-07-2021 2/2 petition.

Considering the aforesaid facts and circumstances as well as clean antecedent of the petitioner, the bail petition of petitioner is allowed. 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 A.C.J.M.-VII, Darbhanga in connection with Baheri P.S. Case No. 15 of 2021, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T