Mohit Kumar Jha @ Mohit Kumar @ Mangla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17686 of 2022 Arising Out of PS. Case No.-361 Year-2020 Thana- KORHA District- Katihar ====================================================== Mohit Kumar Jha @ Mohit Kumar @ Mangla S/O Raja Jha Resident Of Village- Tetri Ward No.09, P.S.- Naugachiya, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411, 461 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act and sections. The prosecution case as per F.I.R is that in the night, the informant saw that some persons are loading his maize in the tempo. He made noise and co-villagers gathered. One person was apprehended from the spot who disclosed his name as Sujit Kumar Sah, who named the petitioner and his associate. It is also alleged that

Patna High Court CR. MISC. No.17686 of 2022(2) dt.19-09-2022 2/3 one country made pistol and cartridges were recovered from the possession of the co-accused Sujit Kumar Sah. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. It is further submitted that petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner and except confessional statement of coaccused, no any cogent material was found against the petitioner. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In the facts and circumstance of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Kotha P.S. Case No. 361 of 2020,

Patna High Court CR. MISC. No.17686 of 2022(2) dt.19-09-2022 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T