Prahlad Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 53847 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== PRAHLAD KUMAR JHA Son of Late Amar Kant Jha Resident of Village - Mangrauni Purwari Tola, P.S.- Rajnagar, Distt.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 23-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar through Virtual Mode.

The petitioner seeks bail in Rajnagar Police Station (for brevity, PS) Case No 356 of 2021 dated 20.12.2021, corresponding to GR No 2157 of 2021 registered for the offence punishable under Section 392 of Indian Penal Code. The First Information Report (for brevity, FIR) alleges that four unknown persons have snatched Rs 800/-, mobile phone, automated teller machine card etc from the informant. In the FIR, the informant says that he can recognize the perpetrators.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.53847 of 2022(2) dt.23-12-2022 2/3 petitioner has been implicated only on ground of his antecedents which is evident from the fact that he has been remanded from Rajnagar PS Case No 359 of 2021 on the basis of alleged confessional statement of co-accused Surendra Sah. There is no recovery from the petitioner to connect him with the alleged occurrence and on account of such false implication, he is in custody in this case since 19.01.2022.

Learned APP has opposed the prayer for bail.

Having considered the rival submissions, this Court, for the purposes of grant of bail, is, thus, inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Madhubani in Rajnagar PS Case No 356 of 2021 dated 20.12.2021, corresponding to GR No 2157 of 2021 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the

Patna High Court CR. MISC. No.53847 of 2022(2) dt.23-12-2022 3/3 address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T