Jhuna Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23994 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- EKMA District- Saran ====================================================== JHUNA KUMAR SAH Son of Late Ramjee Sah Resident of Village- Mane, P.S.- Ekma, District- Saran.
.. ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Lakshmi Kant Sharma, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Ekma PS Case No. 28/2019 registered for the offence punishable under Sections 399, 402/34 of the IPC and 25(1-b) a, 26, 35 of the Arms Act.
3. The allegation against the petitioner as per First Information Report is that the police received secret informant that some miscreants have assembled near Churihari Dhala on Chapra Siwan main road in village, Mane and proceeded towards place of occurrence and upon seeing the police party, three accused persons tried to flee away but were apprehended. Police recovered one country made unloaded revolver and a mobile from the petitioner.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique
Patna High Court CR. MISC. No.23994 of 2020(2) dt.18-09-2020 2/2 motive. Learned counsel further submits that on the basis of the allegation made in the FIR, no offence under Section 399 and 402 is made out against the petitioner. Learned counsel also submits that petitioner has got not criminal antecedents and is in custody since 01.11.2019.
5. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner has got no criminal antecedents and is under custody since 01.11.2019, I am inclined to grant regular bail to the petitioner.
6. Accordingly, let the petitioner, JHUNA KUMAR SAH be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Saran at Chapra in connection with Ekma PS Case No. 281/2019.
7. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) perwez U T