Awadhesh Jha @ Awadhesh Kumar Jha @ Sonu Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38015 of 2022 Arising Out of PS. Case No.-209 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Awadhesh Jha @ Awadhesh Kumar Jha @ Sonu Jha Son Of Dinesh Jha R/O Village- Jai Prakash Nagar, Patel Nagar, Ward No. 13, P.S.- Jogbani, Distt.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Forbesganj P.S. Case No. 209 of 2022 lodged under Sections 392 of the I.P.C.

As per the prosecution case, there is allegation of robbery against 2 unknown criminals in the F.I.R. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that motorcycle is alleged to be recovered from the possession of the petitioner but this motorcycle actually belongs to him

Patna High Court CR. MISC. No.38015 of 2022(2) dt.04-11-2022 2/3 about which he admits by categorical statement made in paragraph 9 of his bail petition. Learned counsel submits that nothing incriminating has been recovered from the possession of the petitioner nor he was put on T.I.P. He further submits that petitioner is in custody since 06.03.2022 having one criminal case pending against him but in the same, final form has submitted.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. Araria in connection with Forbesganj P.S. Case No. 209 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.38015 of 2022(2) dt.04-11-2022 3/3 B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T