Bittan Jha @ Rupesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51962 of 2018 Arising Out of PS.Case No. -125 Year- 2017 Thana -SHAHKUND District- BHAGALPUR ====================================================== Bittan Jha @ Rupesh Jha son of Late Lalan Jha, resident of VillageBorgaon (Dariyapur) P.S.- Shahkund (Sajaur), District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

20-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Shahkund P.S. Case No. 125/2017, G.R. No. 2833/2017 registered for the offence punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code and 40 of the B.M.C.C. Rule 1972 and Shilting Minings Transport 2003 under Section 618.

Learned counsel for the petitioner submits that as per allegations made by the Supervisor of the company, this petitioner had contracted and had taken Rs. 10,000/- allowing the Supervisor to extract the soil from the land saying that the land belong to this petitioner but later on when the police stopped the Supervisor of the company from digging the land and it was told that the land belonged to the government, the petitioner did not produce any paper regarding the ownership of the land.

Learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.51962 of 2018 (2) dt.20-09-2018 the petitioner has been falsely implicated in the present case. he is a student and is preparing for competitive examination but due to village politics he has been framed in this case. Learned counsel submits that the petitioner was earlier also falsely implicated in three cases but in all those cases the petitioner has been granted regular bail by the learned court below.

Learned Additional Public Prosecutor for the State has opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case and the nature of allegation and submissions made before this court, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 15,000/- (Rupees fifteen thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur, in connection with Shahkund P.S. Case No. 125/2017, G.R. No. 2833/2017, subject to condition as laid down under Section 437(3) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T