Purushottam Jha @ Sattan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69578 of 2018 Arising Out of PS. Case No.-101 Year-2017 Thana- DEODHA DistrictMadhubani ====================================================== Purushottam Jha @ Sattan Jha son of Rajendra Jha, resident of VillageDullipatti, P.S. Jaynagar, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ravindra Kumar Singh, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 02-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 24.10.2017 and has renewed his prayer for bail in connection with Deodha P.S. Case No. 101 of 2017 for the offence alleged under Sections 25(1-B), 26 and 35 of the Arms Act having twice been rejected by orders dated 06.02.2018 and 20.06.2018 in Criminal Miscellaneous No. 6453 of 2018 and Criminal Miscellaneous No. 30063 of 2018, respectively.

3. It is submitted that no incriminating articles have been recovered from the possession of the petitioner. It is submitted that co-accused Ram Dayal Thakur from whose house recovery of arms and ammunition as well as looted currency was made allegedly on the confessional statement of the petitioner, has been granted bail subsequently by order dated 23.07.2018 in

Patna High Court Cr.Misc. No.69578 of 2018(2) dt.02-01-2019 2/2 Criminal Miscellaneous No. 43692 of 2018 (Annexure-3). So also co-accused Saroj Thakur has been granted bail on 18.12.2018 in Criminal Miscellaneous No. 63658 of 2018.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case and having regard to the period of custody already suffered since 24.10.2017, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Madhubani, in connection with Deodha P.S. Case No. 101 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

Ibrar/BT (Vikash Jain, J) U T