Binay Jha @ Jhunjhun Jha @ Vinay Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33263 of 2019 Arising Out of PS. Case No.-759 Year-2017 Thana- FORBESGANJ District- Araria ====================================================== Binay Jha @ Jhunjhun Jha @ Vinay Kumar Jha Son of Sri Jay Chandr Jha Resident of Village - Narayanpur, P.s.- Bhaptiyahi, Dist.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Veena Kumari Jaiswal For the Opposite Party/s :
Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Forbesganj P.S. Case No. 759 of 2017 registered for the offence punishable under Sections 328 and 379 of the Indian Penal Code.
2-3 unknown miscreants are said to have looted car of the petitioner from his driver by administering him some intoxicating material in the cold drink.
It is submitted by learned counsel for the petitioner that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his conscious physical possession. He has been falsely implicated in this case.
Patna High Court CR. MISC. No.33263 of 2019(2) dt.20-05-2019 2/2 There is nothing cogent to indicate the complicity of the petitioner in the occurrence barring the confessional statement of Devendra Jha which has no evidentiary value in the eye of law. Petitioner has been languishing in custody since 10.01.2019.
On the other hand, learned APP for the State opposed the bail prayer of the petitioner.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Araria in connection with Forbesganj P.S. Case No. 759 of 2017.
(Prakash Chandra Jaiswal, J) rohit/- U T