Niraj Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45402 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Niraj Kumar Jha, S/o Satish Kumar Jha, @ Satish Jha, R/o Shivajee Colony, P.S.- K. Hat, District- Purnia.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bam Bahadur Jha, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 17.03.2018, in connection with K. Hat P.S. Case No. 16 of 2018, for the offence registered under Sections 387, 427,/34 of the I.P.C. Learned counsel for the petitioner submits that it has been alleged that the allegation against the petitioner is that he has participated and intimidated the informant, but there is no material on record that the petitioner is involved in the offence. Learned counsel of the petitioner submitted that the petitioner is not named in the FIR and no recovery has been made from conscious possession of the petitioner. Subsequently, on the basis of confessional statement made before the police by one Piku @ Sumant Kumar Singh, the name of the petitioner
Patna High Court Cr.Misc. No.45402 of 2018(2) dt.14-08-2018 2/2 has been dragged in connection with the present case. It is further submitted that since there is no recovery of any arms from possession of the petitioner, the provisions of the Arms Act could not be applicable in the present case. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate., Purnia, in connection with K.Hat (Sahayak) P.S. Case No. 16 of 2018.
(Anjana Mishra, J) khushbu/abhijeetU T