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Patna High CourtCR. MISC./70321/2019bail granted

Pintu Kumar @ Pintu Kumar Jha @ Pintu Jha v. The State Of Bihar

2019-12-04Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70321 of 2019 Arising Out of PS. Case No.-268 Year-2019 Thana- BENIPATTI District- Madhubani ====================================================== 1.

PINTU KUMAR @ PINTU KUMAR JHA @ PINTU JHA son of Govind Jha Resident of Village- Mohanpur, P.S.- Harlakhi, District- Madhubani. 2.

Akhilesh Jha @ Akhlesh Jha Son of Satyadev Jha Resident of VillageMohanpur, P.S.- Harlakhi, District- Madhubani. 3.

Digvijay Narayan Singh @ Digvijay Narayan Singh Yadav Son of Ram Prabodh Yadav Resident of Village- Agropatti, P.S.- Benipatti, DistrictMadhubani. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners, who are in custody, seeks bail in connection with Benipatti P.S. Case No. 268 of 2019 registered for the offence punishable under Sections 420, 414 of the Indian Penal Code.

Informant who is the police officer has stated in his written complaint that petitioners were apprehended by the villagers with pick up van on which 55 bags each of 25 Kg of black piper was loaded.

It has been submitted on behalf of petitioners that they

Patna High Court CR. MISC. No.70321 of 2019(2) dt.04-12-2019 2/3 are innocent and have been falsely implicated in this case. Petitioner No. 1 and 2 are seller-cum-agent of Omshanti Trader and petitioner No. 3 is working as labour. Seized black piper belongs to Om Shanti Enterprise, Haat Gacchi, Devdha, Madhubani and the same was purchased from custom department, Muzaffarpur and was to be sent to M/s Sharma Traders, Marufganj, Patna City. Petitioners have no criminal antecedents and are in custody since 16.09.2019. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court below, in connection with Benipatti P.S. Case No. 268 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty

Patna High Court CR. MISC. No.70321 of 2019(2) dt.04-12-2019 3/3 to cancel their bail bond.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

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