Sourabh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.502 of 2023 Arising Out of PS. Case No.-322 Year-2022 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== SOURABH JHA S/O Vijay Kant Jha R/O Village/Muhalla- Paghari, P.SBiraul, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case registered for the offence punishable under section 394 of the Indian Penal Code and section 27 of the Arms Act.

As per allegation in the FIR, informant is a parcel delivery boy and during his working time of home delivery, two accused persons including the petitioner opened fire upon him which hit his both thighs and they took his parcels item, cash of Rs. 5,000/- and a mobile.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Most of the stolen articles were recovered from the house of co-accused Shrikant Shanai and not from the possession of the petitioner. One motorcycle has been recovered from the house of the

Patna High Court CR. MISC. No.502 of 2023(4) dt.10-05-2023 2/2 petitioner, about which petitioner has stated that the said vehicle belongs to him and he has shown all the concerned documents in respect of the vehicle. During investigation, CCTV footage was seen, in which villagers have not confirmly identified the petitioner. He has not been put on TIP. No consistent evidence has come out against the petitioner to show his involvement in the present case. Petitioner is languishing in judicial custody since 2.9.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SDJM, Biraul, Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 322 of 2022.

(Sunil Kumar Panwar, J) sushma/- U