Raju Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32371 of 2018 Arising Out of PS.Case No. -79 Year- 2018 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Raju Jha son of Sri Ashok Jha @ Ashok Kumar Mishra, resident of Village- Bishnupur, P.S.- Town, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Nilesh Kumar, Adv.

Ms. Swati Sinha, Adv.

For the Opposite Party/s : Mr. Sri Suresh Prasad Singh, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 06-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 06.04.2018 in connection with Begusarai Town P.S. Case No. 79 of 2018 for the offence registered under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the name of the petitioner surfaced in the confessional statement made before the police, which has no evidentiary value. It is further submitted that co-accused, Deepak Kumar, whose name also figured in the confessional statement made by the co-accused Rajnish Kumar and Sanjeev Kumar Singh, has since been

extended the privilege of bail vide order dated 25.07.2018 passed in Cr. Misc. 31931 of 2018. It is further submitted that co-accused, Purushottam Chaudhary has also been extended the same benefit in Cr. Misc. No. 33312 of 2018 vide order dated 11.07.2018. 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 Chief Judicial Magistrate, Begusarai in connection with Begusarai Town P.S. Case No. 79 of 2018, subject to the following conditions :-

(1) One of the bailors will be his father.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with

the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T