Kaushal Jha @ Kaushlendra Jha @ Koshal Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22308 of 2024 Arising Out of PS. Case No.-317 Year-2022 Thana- DALSINGHSARAI District- Samastipur ====================================================== KAUSHAL JHA @ KAUSHLENDRA JHA @ KOSHAL JHA Son of Late Kamal Narayan Jha Resident of Village-Bihat, P.S.-Barauni, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suneil Kumar Thakur For the Opposite Party/s :

Mr. Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-08-2024 Heard learned counsel for the parties.

2.

Petitioner seeks bail in a case registered for the offences punishable u/s 379, 420, 120B of the IPC.

3.

Vide order dated 21.07.2023, the anticipatory bail application of the petitioner was allowed by this court in Cr. Misc. No.13011 of 2023 with certain conditions. Thereafter, petitioner preferred a modification petition being Cr. Misc. No.64512 of 2023 to modify the order dated 21.07.2023 aforesaid, which has been disposed of by order dated 06.10.2023 with certain direction and observations and thereafter, petitioner surrendered before the learned Court below.

4.

As per the prosecution case, informant hired two trucks

Patna High Court CR. MISC. No.22308 of 2024(4) dt.09-08-2024 2/3 from Jay Mata Jee Transport to transport rice to Andhra Pradesh and after loading the rice, the truck was dispatched. The informant came to know that the goods have not reached there, thereafter he informed the petitioner about the same. The informant suspected that the same was misappropriated by the owner of the transport agency.

5.

Learned counsel for the petitioner submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in the present case. There is no specific overt act against the petitioner. Petitioner is in judicial custody since 24.11.2023 and has no criminal antecedent. 6.

Learned APP for the State opposed the prayer for bail. 7.

Considering the facts and circumstances of this case and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Dalsingsarai P.S. Case No.317 of 2022, subject to the following condition:

(i) The petitioner shall remain physically present in the court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.22308 of 2024(4) dt.09-08-2024 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(Anjani Kumar Sharan, J) shikha/- U T