Rajesh Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67316 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- BENIPATTI District- Madhubani ====================================================== Rajesh Kumar Jha Son of Bhogendra Narayan Jha @ Bhogendra Jha Resident of Village - Teoth, P.S.- Benipatti, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2022 Heard both parties.

The petitioner seeks bail in Benipatti P.S. Case No. 67 of 2021 corresponding to Sessions Trial No. 211 of 2021, registered for the offence punishable under Sections 307, 302 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, this petitioner along with co-accused participated in a meeting held in the house of Ashok Singh where they prepared plan and collected the arms which was used in the alleged occurrence.

It is submitted that from perusal of FIR itself it would be apparent that petitioner was neither present at the place of occurrence nor any specific overt act has been alleged against him. He is simply alleged to be one of the participants in the

Patna High Court CR. MISC. No.67316 of 2021(2) dt.28-02-2022 2/2 meeting which was held prior to the alleged occurrence in the house of Ashok Singh. Similarly situated co-accused Shobha Kant Mehta has been granted bail by this Court vide order dated 25.01.2022 passed in Cr. Misc. No. 51722 of 2021. Petitioner is in custody since 31.03.2021 having clean antecedent. Counsel for the informant however opposed the bail application and submitted that petitioner is one of the conspirators of the alleged offence.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Madhubani in connection with Benipatti P.S. Case No. 67 of 2021 corresponding to Sessions Trial No. 211 of 2021.

(Prabhat Kumar Singh, J) vinita/- U T