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Patna High CourtCR. MISC./62404/2022allowed

Prakash Jha v. The State Of Bihar

2023-02-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62404 of 2022 Arising Out of PS. Case No.-12 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== PRAKASH JHA Son of Late Shyama Nand Jha Resident of village - Ghoghardiha, P.S.- Ghoghardiha, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ratanakar Jha For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under sections 399, 400, 401, 120(B) of the Indian Penal Code.

As per allegation in the FIR, on getting secret information that some miscreants have assembled for hatching a conspiracy of robbery, police party proceeded there and apprehended one accused namely, Raman Yadav who disclosed the name of the petitioner as one of his associates. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Except confession of Raman Yadav, no other material has come during investigation to implicate the petitioner in the present case.

Patna High Court CR. MISC. No.62404 of 2022(2) dt.17-02-2023 2/2 Confessional statement made before the police has no evidentiary value in the eye of law. Co-accused Raman Yadav has already been enlarged on bail vide order dated 25.09.2019 passed in Cr. Misc. No. 47985 of 2019. Petitioner is languishing in judicial custody since 07.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge III, Jhanjharpur in connection with Ghoghardiha P.S. Case No. 12 of 2019. (Sunil Kumar Panwar, J) sushma2203/- U