Dinesh Kumar Jha @ Dinesh Jha v. The State Of Bihar
Patna High Court Cr.Misc. No.48114 of 2016 (2) dt.30-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48114 of 2016 Arising Out of PS.Case No. -211 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ======================================================
1. Dinesh Kumar Jha @ Dinesh Jha Son of Late Ram Chandra Jha Resident of Village -Marwan, P.S- Sakra, District - Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satyavrat Verma For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 30-11-2016 Heard both sides.
Petitioner prays for bail in Sakra P.S. Case No. 211 of 2016, registered under Sections 25(1-b) A, 25(1-A), 25(1-AA), 25 (1-AAA), 26(2) and 35 of the Arms Act read with Sections 16, 17, 18, 20, 22 and 23 of Unlawful Activities (Prevention) Act.
On a tip off, the police goes to the orchard to arrest the five accused persons assembled there including the petitioner. From the seizure memo it appears that from the person of the petitioner a pamphlet was recovered. The informant has alleged that accused persons have assembled with a conspiracy to blow the chimney of one Kishore Singh. The counsel for the petitioner submits that there has been no recovery of any fire arm from his possession. He is in custody since 7.8.2016. Referring to para-3 it is submitted that the petitioner was granted bail in the other cases pending against him.
Considering the facts and circumstances of the case, the
Patna High Court Cr.Misc. No.48114 of 2016 (2) dt.30-11-2016 petitioner, above, named is directed to be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount to the satisfaction of learned Sessions Judge-cum-special Judge, Muzaffarpur in Sakra P.S. Case No. 211 of 2016, subject to the following conditions: (i) One of the bailors shall be the own/close family members of the petitioner.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the court below. In case of default in doing so on two consecutives occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure his arrest in accordance with law. (Kishore Kumar Mandal, J) siddharth/- U T