Azad Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23785 of 2024 Arising Out of PS. Case No.-368 Year-2023 Thana- FALKA District- Katihar ====================================================== Azad Kumar Jha S/o Murari Jha R/o vill - Narayanpur, P.s. - Bhawanipur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 08-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Falka (Pothia) P.S. Case No. 368 of 2023 instituted for the offence under Sections 380 & 411 of the Indian Penal Code. 3.

As per the prosecution case, there is recovery of 6 mobile phones from the possession of the petitioner. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 16-10-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.23785 of 2024(2) dt.08-04-2024 2/2 has no concern with the alleged recovered mobile phones. Seizure list is not in accordance with law. It is lastly submitted that charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Falka (Pothia) P.S. Case No. 368 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T