Pachu Pujhar @ Panchu Pujhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65475 of 2018 Arising Out of PS. Case No.-292 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Pachu Pujhar @ Panchu Pujhar Son of Late Ramlu Pujhar Resident of Village-Pipra Tilha, Tola Chatokhar,P.S. Belhar,Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Jhajha P.S. Case No. 292 of 2016 registered for the offence punishable under Sections 121, 121A, 120B of the Indian Penal Code and 25(1-b)a/26, 35 of Arms Act and 3⁄4 of Explosive Substance Act and 16, 17, 18, 19, 20, 21, 22 of the U.A.P. A. Act.

Informant is the Police Officer, who has stated in his written complaint that that he received information that some naxals have assembled with huge arms and ammunitions with explosives and are planning to commit crime, Police started a combing operation and arrested three persons, who named the petitioner and others, who were also their associates, and are

Patna High Court Cr.Misc. No.65475 of 2018(3) dt.10-01-2019 2/3 planning to use explosives and arms and ammunitions including detonators, which were recovered on their confessional statement.

It has been submitted on behalf of learned counsel for the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that his name has surfaced in this case on the basis of confessional statement of co-accused. Other co-accused, namely, Tripurari Yadav, Prahlad Modi and Karu Marandi have been granted bail by a co-ordinate Bench of this Court vide order dated 25.04.2017 passed in Cr. Misc. No. 15803 of 2017, vide order dated 20.11.2017 passed in Cr. Misc. No. 54210 of 2017 and vide order dated 07.02.2018 passed in Cr. Misc. No. 7675 of 2018 respectively. Petitioner has no criminal antecedent and he is in custody since 17.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, in connection with Jhajha P.S. Case No. 292 of 2016 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.65475 of 2018(3) dt.10-01-2019 3/3 court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T