Mithu Jha @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66472 of 2023 Arising Out of PS. Case No.-237 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== MITHU JHA @ KUNDAN KUMAR S/o- MADHAV JHA Village- Hansaur Ps- Belsand Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kishore Thakur For the Opposite Party/s :
Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 03-04-2024 Heard the learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in a case registered for the offence under Sections 399, 386, 411, 120B/34 of the Indian Penal Code read with Sections 25(1-b)A, 26/35 of the U.A.P. Act.
3. This is the second attempt of the petitioner. Earlier the bail application of the petitioner was rejected on 16.05.2023 in Cr. Misc. No. 7615 of 2023 by this court.
4. The order dated 16.05.2023 passed in Cr. Misc. No. 7615 of 2023 is reads as follows:- "Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
This application for grant of regular bail arise out of Minapur P.S. Case No. 237 of 2020 registered for the offence punishable under Sections
Patna High Court CR. MISC. No.66472 of 2023(6) dt.03-04-2024 2/2 399, 386, 411, 120B/ 34 of the Indian Penal Code read with Sections 25(1-b)A, 26, 35 of the Arms Act and Sections 17, 18, 19, 20 of the U.A.P Act.
The prosecution story in short is that informant who is a police officer got secret informant that some maoist is to arrive for collection of ransom. When the police reached the place of occurrence and apprehended the three accused. It is further alleged that on interrogation, the apprehend persons disclosed that they are working for Lal Babu Sahni, Uma Shankar Sahni and Munchun Sahni who are in custody and has also confessed that on mobile Rs. 5 Lakhs, ransom was demanded.
The petitioner is a member of naxalite gang and involved in demanding ransom.
In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected herewith."
5. This Court finds no ground to review its earlier order. Accordingly, this application for regular bail is dismissed.
6. The court below is directed to expedite the trial of the petitioner.
(Sandeep Kumar, J) Shishir/- U T