Kundan Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60256 of 2018 Arising Out of PS. Case No.-6 Year-2018 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Kundan Kumar Jha, Son of Pramod Kr. Jha, Resident of Village- Kanhauli, P.S.- Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 11-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner, who is in custody, seeks bail in connection with Bhairab Asthan P.S. Case No. 06 of 2018 registered for the offence punishable under Sections 399, 402, 413, 414, 467, 468, 471, 420 of the Indian Penal Code. Informant is the police officer, who in his self statement has stated that he received a secret information that miscreants have assembled at Samily Dhala to commit some grave crime and on receiving such information, he alongwith other police personnel reached there, on seeing the police party the miscreants started fleeing away, however three persons were arrested after chase and other persons succeeded to flee away. On search two motorcycles and other incriminating substance

Patna High Court Cr.Misc. No.60256 of 2018(2) dt.11-10-2018 2/2 was recovered from their possession and arrested persons disclosed the name of petitioner and other accused persons. It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated only on the basis of confessional statement of co-accused who were arrested by the police. Nothing has been recovered from the possession of petitioner. Petitioner has not been arrested on the spot, rather he was arrested from his house and one mobile has been recovered but the petitioner claim the said mobile belongs to him and is not stolen. It has been further submitted that coaccused have been granted bail by this Hon'ble Court as contained in Annexure-2. Petitioner is in custody since 01.02.2018.

Considering the aforesaid facts 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 A.C.J.M.-I, Jhanjharpur, Madhubani, in connection with Bhairab Asthan P.S. Case No. 06 of 2018.

(S. Kumar, J) veena/- U T