Niraj Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35213 of 2018 Arising Out of PS. Case No.-80 Year-2018 Thana- KHAZANIHAT District- Purnia ====================================================== Niraj Kumar Jha Son of Satish Kumar Jha, Resident of at present Shivajee Colony, P.S.- K.Hat, District- Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bam Bahadur Jha For the Opposite Party/s :

Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with K. Hat P.S. Case No. 80 of 2018 registered for the offences punishable under Sections 341, 386, 307, 506/34 of the Indian Penal Code and 27 of the Arms Act. Informant in his written complaint has stated that on 12.02.2018 at about 6:55 P.M., when he was in his shop along with his brother and staff, two unknown persons entered into the shop and took him outside, out of whom one person disclosed his name as Bittu Singh and demanded Rs. 2,00000/- as ransom and also threatened to kill him if the ransom amount is not paid. Informant took picture of said accused and thereafter both of them took out revolver from their waist and fired three

Patna High Court Cr.Misc. No.35213 of 2018(4) dt.20-08-2018 2/3 rounds on the shop.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case only on the basis of confessional statement made by Pinku @ Suman Kumar Singh.

Considering the aforesaid fact and circumstances of the case, let the 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 of learned Chief Judicial Magistrate, Purnia, in connection with K. Hat P.S. Case No. 80 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

Patna High Court Cr.Misc. No.35213 of 2018(4) dt.20-08-2018 3/3 petitioner.

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