Vivek Kumar Jha @ Bibek Kumar Jha @ Bauwa Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83646 of 2019 Arising Out of PS. Case No.-350 Year-2019 Thana- FORBESGANJ District- Araria ====================================================== VIVEK KUMAR JHA @ BIBEK KUMAR JHA @ BAUWA JHA Son of Ajit Jha Resident of Village - Belay Pothiya, P.S. - Simraha, District - Araria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-01-2020 Heard learned Counsel for the petitioners and the learned APP for the State.

The petitioner seeks bail in Forbesganj PS Case No. 350 of 2019 registered under Section 379 of the IPC. The FIR alleges that 8.6 lacs rupees along with ATM card, cheque book pass book and driving licence are missing from the informant's motor cycle. The FIR is against unknown persons. It is submitted that the occurrence has been captured by the CCTV. Petitioner's Counsel submits that he has no connection with the theft. It is submitted that merely because of his implication in earlier cases he has been implicated in this case only upon his confessional statement. It is specific assertion of the petitioner that the CCTV footage of the ATM, where the motorcycle was parked, has not been obtained by the police till today. Charge-sheet has been submitted and the petitioner in connection with this case is in custody since 4.9.2019.

APP has opposed the prayer.

Considering the aforesaid submissions the petitioner's prayer for bail is allowed.

Patna High Court CR. MISC. No.83646 of 2019(3) dt.16-01-2020 2/2 Let the petitioner above named be released on bail on his furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of CJM Araria in Forbesganj PS Case No. 350 of 2019 on the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T