Ashutosh Kumar Jha @ Babu v. The State Of Bihar

+IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29524 of 2021 Arising Out of PS. Case No.-18 Year-2020 Thana- TARABARI District- Araria ====================================================== Ashutosh Kumar Jha @ Babu, age about 22 yeaers, Male Son of Padma Nand Jha, Resident of Village - Ramai W. No. 5, P.S.- Forbesganj, District - Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Tarabari P.S. Case No. 18 of 2020 registered for the offences punishable under Section 392 of the Indian Penal Code.

Three miscreants are said to have snatched the bag containing Rs. 1,59,833/- along with mobile and purse of the informant.

Learned counsel for the petitioner submits that petitioner has not named in the FIR and has been falsely

Patna High Court CR. MISC. No.29524 of 2021(3) dt.31-01-2022 2/3 implicated in the present case only on the basis of his self confessional statement. He further submits that the petitioner was remanded in the present case from Forbeshganj P.S. Case No. 258 of 2020. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution. He further submits that the police after investigation submitted chargesheet against the petitioner and he is in custody since 20.10.2020. Learned Additional Public Prosecutor for the State opposed the prayer for bail of the petitioner and submits that the petitioner carries five more cases other than the present one.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Araria in connection with Tarabari P.S. Case No.

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.29524 of 2021(3) dt.31-01-2022 3/3 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.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Anand Kr.

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