Ghanshyam Kumar Jha @ Tinku Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79271 of 2023 Arising Out of PS. Case No.-308 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Ghanshyam Kumar Jha @ Tinku Jha S/O Sri Shiv Chandra Jha Village- Dih Tabhaka, Ward No. 9, Ps. Bibhutipur, Dist. Samastipur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to make necessary correction in address of the petitioner, during the course of day.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 399, 402, 414 of Indian Penal Code and Sections 25(1-B)A, 26, 35 of Arms Act.

It is a case of assembling for preparation of commission of offence. One loaded country made pistol,

Patna High Court CR. MISC. No.79271 of 2023(3) dt.22-01-2024 2/3 one mobile and motorcycle has been recovered from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. He has no concern either with the seized incriminating articles or with the co-accused persons. There is no independent witness of the alleged offence. Moreover, the petitioner is languishing in judicial custody since 11.08.2023. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bibhutipur P.S. Case No. 308 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.79271 of 2023(3) dt.22-01-2024 3/3 to the satisfaction of the learned S.D.J.M., Rosera, Samastipur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T