Jai Kumar @ Jack Kejriwal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18480 of 2024 Arising Out of PS. Case No.-327 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Jai Kumar @ Jack Kejriwal Son of Sushil Kumar Kejariwal Resident of informant of Dhandhariya School Main Road, Bairgania, P.S.-Sitamarhi, Distt.-Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Bhakta, Advocate For the Opposite Party/s :
Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bairgania P.S. case No. 327 of 2022 instituted for the offences under Sections 399, 402, 414 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act .
3. Prosecution case, in short, is that on the basis of secret information, police raided the place of occurrence and apprehended accused persons but some of the accused persons
Patna High Court CR. MISC. No.18480 of 2024(2) dt.14-03-2024 2/3 including this petitioner fled away. On search, several arms and ammunitions were recovered from the apprehended accused persons.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner was not apprehended on the spot. The name of the petitioner transpired in this case on the basis of disclosure made by the apprehended persons. No incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated co-accused persons have already been granted bail by different Coordinate Benches of this Court vide orders passed in Cr. Misc. No. 10164 of 2023 and Cr. Misc. No. 70041 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.12.2023 and has four criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.18480 of 2024(2) dt.14-03-2024 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Biargania P.S. case No. 327 of 2022.
(Rudra Prakash Mishra, J) Alok Verma/- U