Anish Jha @ Rocky @ Banti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85192 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== Anish Jha @ Rocky @ Banti Son of Late Om Prakash Jha Resident of Village- 17 No Rail Gate Ghushi Para, PS -Titagarh, District- North 24 Parganas, State- West Bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Kumar, Advocate For the Opposite Party/s :
Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 01-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 145 of 2023 registered for the offences under Sections 392, 395, 412 and 120(B) of the Indian Penal Code and Sections 25(1-B)(a) and 26 of the Arms Act.
3. As per the FIR, two unknown persons entered into the Bank and looted away Rs. 94,050/- on the point of pistol.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He is not named in the FIR and the same has been lodged against
Patna High Court CR. MISC. No.85192 of 2024(4) dt.01-05-2025 2/3 unknown persons. The name of the petitioner has come on the basis of confessional statement of co-accused Sujit Kumar and Kundan Kumar, which has got no evidentiary value in the eyes of law. No incriminating/looted articles have been recovered from the conscious possession of the petitioner. Till date, no T.I. Parade has been done. It is further submitted that petitioner has antecedent of two criminal cases in which he is on bail and he is in judicial custody since 10.07.2024. It is lastly submitted that co-accused Praduman Kumar and Raja Kumar have been granted bail vide order dated 05.01.2024 passed in Cr. Misc. No. 84337 of 2023 and order dated 18.01.2024 passed in Cr. Misc. No. 724 of 2024.
5. The application for bail is opposed by learned APP for the State.
6. Considering the aforesaid submissions of the parties and taking into account the fact that the petitioner is not named in the FIR, his name has surfaced in the confessional statement of co-accused and two co-accused persons have been enlarged on bail, let the above-named petitioner be enlarged on bail on each of them furnishing a bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions
Patna High Court CR. MISC. No.85192 of 2024(4) dt.01-05-2025 3/3 Judge III, Lakhisarai in connection Lakhisarai P.S. Case No. 145 of 2023 subject to the conditions that a. One of the bailors of the petitioner shall be his close relative.
b. The petitioner shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioner in similar nature of offence, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(Sourendra Pandey, J) Prakash/- U