Bal Krishna Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47902 of 2023 Arising Out of PS. Case No.-365 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Bal Krishna Jha Son Of Ram Sogarath Jha R/O-Sugaramoul, Balha, Ward No. 15, P.S.-Rosera, Distt.-Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364(A), 120(B)/34 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his son Vikash Kumar was abducted by the FIR named accused persons along with others and thereafter, they called on mobile and demanded ransom money.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. He has falsely been implicated in this case. For the alleged occurrence of 9.7.2022,

Patna High Court CR. MISC. No.47902 of 2023(5) dt.30-10-2023 2/3 the FIR was instituted on 11.7.2922 after laps of three days. According to FIR, it appears that the alleged call has been made for ransom by co-accused Mohit Kumar not by this petitioner. The victim has also not been recovered from possession of the petitioner. It is further submitted that the petitioner is languishing in judicial custody since 19.2.2023.

5. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail and submitted that the petitioner has got several criminal antecedents.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Muffasil P.S. Case No. 365 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai subject to following conditions:- i) the petitioner shall co-operate in the trial and shall be present on each and every fixed date and his absence on two consecutive dates without sufficient reason, his bail bond shall

Patna High Court CR. MISC. No.47902 of 2023(5) dt.30-10-2023 3/3 be cancelled by the Court below.

ii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail bond shall be cancelled by the Court Below.

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

(Sunil Kumar Panwar, J) Amandeep/- U T