Amrendra Kumar Jha @ Mintu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36079 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- PURNAHYA District- Sheohar ====================================================== AMRENDRA KUMAR JHA @ MINTU JHA Son of Shivanath Jha Residence of village - Gajipur, P.O.- Dumari Katasari, P.S.- Shyampur Bhataha, District - Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Purnahiy P.S. case No.150/20 registered under Sections 307, 302, 120(B)/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that two persons from the mob fired at the deceased, who were later on caught on the spot. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.36079 of 2021(2) dt.17-12-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no incriminating article recovered from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R. Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Purnahiya P.S. case No.150/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T