Krishna Kumar Jha v. The State Of Bihar

Patna High Court Cr.Misc. No.23495 of 2016 (3) dt.03-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23495 of 2016 Arising Out of PS.Case No. -71 Year- 2003 Thana -PURNEA SADAR District- PURNIA ====================================================== Krishna Kumar Jha @ Chilmil Jha, Son of Laxmi Kant Jha, Resident of Village- Kalyanpur, Milki, P.S.- Bibhutipur, Dist- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sabal Kumar Jha, Advocate. For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 09.06.2015 in connection with Sadar P.S. Case No. 71 of 2003 pending in the Court of Chief Judicial Magistrate, Purnea registered for offences under Sections 420 and 406 of the Indian penal Code. Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 43676 of 2015 with observation that the same is rejected at this stage. This is the second attempt on behalf of the petitioner.

On behalf of the petitioner it is submitted that the petitioner is in custody since 09.06.2015. Charges have been framed in the present case. There is no allegation of tempering of

Patna High Court Cr.Misc. No.23495 of 2016 (3) dt.03-08-2016 witnesses against the petitioner. Petitioner is said to be the driver of the truck in question which was loaded with 116 bags of mustered seeds. There is no recovery of any incrementing articles from the possession of the petitioner.

On behalf of the State it is submitted that the petitioner is named in the F.I.R and was the custodian of the recovered bags in question.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with Sadar P.S. Case No. 71 of 2003.

(Sudhir Singh, J) Prakash/- U T