Pintu Jha @ Pintu Kumar Jha @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15923 of 2017 Arising Out of PS.Case No. -51 Year- 2016 Thana -BAHERI District- DARBHANGA ======================================================

1. Pintu Jha @ Pintu Kumar Jha @ Baba Son of Pawan Jha @ Pawan Kumar Jha, Resident of Village- Belwaghat, P.S. Piprahi, District- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-06-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 02.09.2016 in a case registered for offences punishable under Sections 419, 420, 424, 467, 468, 471 and 474/34 of the Indian Penal Code. The prosecution case as lodged by the police personnel is that during course of investigation in connection with Baheri P. S. Case No. 270 of 2015, the petitioner,who is alleged to be a member of Organized Bihar People Liberation Army, whose main business is to collect ransom from various companies and contractors. During course of investigation, several mobiles with Sim, blue colour diary, voter I.D. Card, PAN Card and two Bank pass Books and collected amount of rangdari were recovered.

Patna High Court Cr.Misc. No.15923 of 2017 (5) dt.23-06-2017 2/3 It has been submitted by the learned counsel for the petitioner that he is innocent, nothing has been recovered from his house but from the house of other co-accused i.e. Aditya Kumar @ Mukesh Pathak and he has been falsely implicated in this case. It is further submitted that he has no criminal antecedent and charge sheet has already been submitted, hence there is no chance of tampering with the prosecution evidence.

However, learned A.P.P. for the State submits that the petitioner, who is a member of Organized gang and two Engineers were murdered and the petitioner was active in helping said co-accused, Aditya kumar @ Mukesh Pathak and the petitioner has several cases pending against him, hence, opposes the prayer for bail.

Considering the facts and circumstance of the case and materials on record , let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Baheri P.S.Case No. 51/2016, subject to the condition that one of the bailors must be a close relative of the petitioner who will file an affidavit stating his relationship with the petitioner and that the petitioner would appear before the learned Court below on each

Patna High Court Cr.Misc. No.15923 of 2017 (5) dt.23-06-2017 3/3 and every date and failure to appear before the Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Sudha/- U T