Gulshan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30498 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- NAUGACHIA District- Bhagalpur ====================================================== Gulshan Kumar Jha, aged about 29 years, Male Son of Arun Kumar Jha, Resident of Village- Navtolia, Narayanpur, P.S. Bhawanipur O.P., DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Roshan Kumar Mishra, Advdocate with Mr. Pranav Kumar Jha, Advocate and Mr. Ritesh Kumar Jha, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Naugachia P.S. Case No. 356 of 2022 dated 15.11.2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants forcefully taken away E-Rickshaw of the informant when he was returning back to his home from Naugachia. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and nothing incriminating articles have been recovered from the conscious possession of the petitioner. The petitioner is falsely implicated in this case

Patna High Court CR. MISC. No.30498 of 2023(2) dt.13-06-2023 2/3 and no Test Identification Parade has been conducted till date. Charge sheet has already been submitted in this case. Petitioner has two criminal antecedent out of which in one case he has been acquitted and in another case he has been granted bail by the learned Court below. Petitioner is in jail custody since 22.11.2022.

Learned APP appearing for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case and submission of learned counsel for the parties, let the petitioner above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Naugachia, Bhagalpur in connection with Naugachia P.S. Case No. 356 of 2022, subject to the following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court.

(ii) In case of absence on two consecutive dates without sufficient reason or if the petitioner misuse the liberty or violate any of the conditions imposed upon him his bail bond

Patna High Court CR. MISC. No.30498 of 2023(2) dt.13-06-2023 3/3 will be liable to be cancelled by the Court concerned. (iii) If the petitioner tampers with the evidence or the witness, in that case the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) Anand Kr.

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