Ganesh Jha @ Pandit Jee @ Ganesh Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49924 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== MANJAY LAL YADAV SON OF LATE MUNI LAL YADAV R/OVILLAGE- SHITAL PATTI, P.S.- SARAI RANJAN, DISTT.- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 54373 of 2024 Arising Out of PS. Case No.-79 Year-2024 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.
Ganesh Jha @ Pandit Jee @ Ganesh Kumar Jha Son of Ranjit Kumar Jha R/O Vill.- Jhakhra, P.S.- Sarairanjan, District - Samastipur. 2.
Ankit Kumar Son of Avdhesh Mahraj @ Abdhesh Mahraj R/O Vill.- Bhatgama, P.S.- Sarairanjan, District - Samastipur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 49924 of 2024) For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Dr. Kumar Uday Pratap (In CRIMINAL MISCELLANEOUS No. 54373 of 2024) For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case in connection with Mohiuddin Nagar P.S. Case No. 79 of
Patna High Court CR. MISC. No.49924 of 2024(3) dt.26-07-2024 2/3 2024 dated 09.04.2024 registered for the offences punishable u/s 395 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of occurrence, the informant was coming with his Tata Pick-Up van, in the meantime, four unknown miscreants boarded on a Scorpio overtook the petitioner's Pick-Up by their Scorpio and snatched the mobile of the informant and took away the informant's Pick-Up van.
4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners are not named in the FIR. The names of the petitioners have sprung up in the confessional statement of the co-accused Shankar Chowdhari. Nothing has been recovered from the conscious possession of the petitioners. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 26.06.2024 passed in Cr. Misc. No. 39809 of 2024. As per supplementary affidavit filed on behalf of the petitioner, the petitioner Manjay Lal Yadav has 11 criminal antecedents and the rest petitioners have no criminal antecedent as stated in para 3 of the concerned bail petition.
Patna High Court CR. MISC. No.49924 of 2024(3) dt.26-07-2024 3/3
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Samastipur in connection with Mohiuddin Nagar P.S. Case No. 79 of 2024, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with further condition/s:- (i) The petitioner, namely, Manjay Lal Yadav is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner are liable to cancelled.
7. This application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T