Bittu Kumar Jha @ Om Prakash Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4347 of 2018 Arising Out of PS. Case No.-300 Year-2016 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Bittu Kumar Jha @ Om Prakash Jha S/o Bibhakant Jha, R/o Vill.- Teotha, 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. SRI HUMAYOU AHMAD KHAN ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Madhubani Town P.S. Case No. 300 of 2016 (G.R. No. 1625 of 2016) registered for the offence punishable under Section 392 of the Indian Penal Code.

Informant in his fardbeyan has alleged that on 03.08.2016, he along with his father and brother had gone to the main branch office of SBI, Madhubani and withdrew Rs. 3 Lacs and put the same in a red coloured polythene bag and while returning to home his father and brother stayed in the

Patna High Court Cr.Misc. No.4347 of 2018(2) dt.13-02-2018 2/3 way for taking drinking water but the informant continued towards his house and when he reached near the court of consumer forum, two persons suddenly came there on motorcycle, snatched the red colour polythene bag and fled away. Informant could not see them.

It has been submitted on behalf of the petitioner that the petitioner is innocent and has been falsely implicated in this case only on the basis of confessional statement of accused Gautam Kumar Jha who was apprehended in Arer P.S. Case No. 84 of 2016. Except the confessional statement of said Gautam Kumar Jha there is no incriminating material against the petitioner and nothing has been recovered from his possession. It has been further submitted that co-accused Gautam Kumar Jha on whose confessional statement, the name of the petitioner transpired in this case had been granted bail by a co-ordinate bench of this Court vide order dated 04.05.2017 passed in Criminal Miscellaneous No. 17636 of 2017. Petitioner is in custody since 24.11.2016. 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

Patna High Court Cr.Misc. No.4347 of 2018(2) dt.13-02-2018 3/3 learned Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S. Case No. 300 of 2016.

(S. Kumar, J) ranjan/- U