Rakesh Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 76315 of 2023 Arising Out of PS. Case No.-643 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== RAKESH JHA SON OF CHANDRA SHEKHAR JHA RESIDENT OF VILLAGE - FULWARIYA, P.S. - SUGAULI, DISTRICT - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar No. 1, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Taurkauliya (Banjariya) P.S. Case no. 643 of 2023 registered under sections 420, 416 and 395 of the Indian Penal Code.
3. As per the prosecution case, two unknown accused persons snatched and escaped with the bag of the informant in which he was carrying Rs 30.85 lacs in cash.
4. Learned counsel for the petitioner submits that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused Prashant Singh and Jiut Mahto. In the confessional statement of co-accused
Patna High Court CR. MISC. No.76315 of 2023(3) dt.05-03-2024 2/3 Prashant Singh besides the name of the petitioner, the name of Jiut Mahto has also transpired. The said Jiut Mahto has already been enlarged on bail vide order dated 12.10.2023 passed in Cr. Misc. no. 64964 of 2023. No incriminating material has been recovered from the petitioner's possession and he has not been put on T. I. Parade. He is in custody since 8.6.2023.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard the learned counsel for the parties and taking into consideration the allegations in the F.I.R., the material that has transpired in course of investigation, name of the petitioner transpiring in the confessional statement of coaccused made before police, no incriminating article having been recovered from the petitioner's possession, grant of bail to co-accused Jiut Mahto vide order dated 12.10.2023 and charge sheet having been submitted in the case without putting the petitioner on T. I. Parade despite the petitioner having remained in custody for about 9 months since 8.6.2023, this Court directs the petitioner to be released on bail in connection with Taurkauliya (Banjariya) PS Case no 643 of 2023 on his furnishing bail bond of Rs 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.76315 of 2023(3) dt.05-03-2024 3/3 learned Judicial Magistrate, 1st Class, East Champaran. (Partha Sarthy, J) M.E.H./- U T