Pankaj Kumar Jha @ Pankaj Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35039 of 2017 Arising Out of PS.Case No. -47 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Pankaj Kumar Jha @ Pankaj Jha, Son of Krishna Jha, resident of VillageJaggarnathpur, Mahammadpur Sakara, Police Station- Bibhutipur, DistrictSamastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner is languishing in judicial custody since 15.03.2017 in connection with Bibhutipur P.S. Case No. 47 of 2017 registered for the offence punishable under Sections 25(1b)a, 26 and 35 of the Arms Act. The prosecution case, as lodged by the police personnel, is that during patrolling, they noticed that one motorcycle was moving fast in suspicious manner. Riders on the motorcycle began to flee away seeing the police, who were apprehended and amongst the two, petitioner was found in possession of one country made pistol and one live cartridge.

Patna High Court Cr.Misc. No.35039 of 2017 (2) dt.11-08-2017 2/2 It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent and no overt act has been committed by him and he has been falsely implicated. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution witnesses.

However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-IV, Rosera, District Samastipur in connection with Bibhutipur P.S. Case No. 47 of 2017.

(Nilu Agrawal, J.) Arjun/- U T