Brajesh Kumar Jha @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25176 of 2022 Arising Out of PS. Case No.-21 Year-2022 Thana- MITHANPURA District- Muzaffarpur ====================================================== BRAJESH KUMAR JHA @ LALU Son of Sushil Jha Resident of Village - Madhopur Susta, Police Station - Sadar, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks.

The petitioner is in judicial custody in connection with Mithanpura P.S. Case No. 21 of 2022 for the offences under Sections 25(1-B)a, 26 and 35 of the Indian Penal Code. The allegation in the FIR is that of recovery of a countrymade pistol and a live cartridge from the petitioner and a live cartridge from Pankaj Kumar.

Considering the fact that the charge sheet stands submitted and the petitioner is in judicial custody since 22.02.2022, (as stated in the paragraph-9 of the bail application), this Court is inclined to grant him the privilege of bail.

Let the petitioner be released on bail on furnishing

Patna High Court CR. MISC. No.25176 of 2022(2) dt.08-08-2022 2/2 bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IXth, Muzaffarpur, East Muzaffarpur in connection with Mithanpur P.S. Case No. 21 of 2022, subject to the following conditions.

(i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;

(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Jagdish/- U T