Uday Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78067 of 2018 Arising Out of PS. Case No.-799 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Uday Kumar Jha S/o Mithilesh Jha, R/o Vill.- Chiknauta, P.S.- Karja, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Thakur, Advocate For the Opposite Party/s :

Mr.Sri Lakshmi Kant Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ahiyapur P.S. Case No. 799 of 2018 registered for the offences punishable under Sections 392 of the Indian Penal Code.

Informant has alleged that four unidentified miscreants on strength of arms looted his Scorpio vehicle. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. The vehicle was recovered from co-accused Rabindra Sahni and on his confession petitioner has been implicated in this case, except said confession there is no any other incriminating material against the petitioner. Nothing

Patna High Court Cr.Misc. No.78067 of 2018(2) dt.08-01-2019 2/2 has been recovered from the possession of the petitioner and he has been remanded on 12.09.2018 from Ahiyapur P.S. Case No. 879 of 2019.

Considering the aforesaid fact 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 learned C.J.M., Muzaffarpur, in connection with Ahiyapur P.S. Case No. 799 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T