Pinku Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75574 of 2019 Arising Out of PS. Case No.-222 Year-2017 Thana- KHARIK District- Bhagalpur ====================================================== PINKU JHA, Son of Late Goray Jha @ Gorelal Jha, Resident of Village - Gauripur, P.S.- Bihpur, Distt - Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2020 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offences punishable under Sections 363 and 365, 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

Earlier the prayer for bail of the petitioner was rejected vide order dated 07.08.2019 passed in Cr. Misc. No. 31731 of 2018 with a direction that petitioner may renew his prayer for bail after framing of charge. Charges have been framed. Petitioner is in custody since 25.11.2017. It is submitted that there is no eye witness of occurrence and petitioner has been implicated in this case on confessional statement made by accused before police. Except

Patna High Court CR. MISC. No.75574 of 2019(2) dt.19-02-2020 2/2 suspicion, there is no incriminating material against petitioner. Considering the aforesaid facts and circumstances of the case and the observation made in order dated 07.08.2019 passed in Cr. Misc. No. 31731 of 2019, petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction where the case is pending in connection with Kharik P.S. Case No. 222 of 2017 (Sessions Trial No. 656 of 2018) with following conditions:

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

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and valid reason trial court shall have liberty to cancel his bail bond.

(3) If the petitioner 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 petitioner.

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