Kunal Jha @ Kumal Kumar @ Kunal Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.965 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- BANGAWON District- Saharsa ====================================================== Kunal Jha @ Kumal Kumar @ Kunal Kumar Jha S/O Sri Kamal Kishor Jha R/O Village- Radha Krishna Nagar, Shivpuri Dhala, Ward No. 14, P.SSaharsa Sadar, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 394 and 411 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of Arms Act.

3. Allegation against the petitioner along with other coaccused persons is that they committed robbery in the shop of the informant on pistol point and also assaulted the informant. They looted away Rs. 80,000/- along with mobile phone of the informant. On alarm being raised, nearby people assembled there and petitioner was apprehended by them and they handed over to the police.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.965 of 2024(4) dt.19-04-2024 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Allegedly, petitioner was apprehended on spot by local people but nothing looted material was recovered from his conscious possession. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 787 of 2024. Moreover, the petitioner is languishing in judicial custody since 20.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail after framing of charge in connection with Bangaon P.S. Case No. 83 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Saharsa.

(Sunil Kumar Panwar, J) sushma/- U