Patna High Court - Orders
Prakash Kumar Jha vs The State Of Bihar on 26 November, 2018
Author: S. Kumar
Bench: S. Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.67007 of 2018
Arising Out of PS. Case No.-18 Year-2018 Thana- RAJIVNAGAR District- Patna
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Prakash Kumar Jha Son of Rajh Kumar Jha Resident of Village-Nehara,P.S.
Manigachhi,Distt.-Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Iqbal Asif Niazi
For the Opposite Party/s : Mr. Sri Manish Kumar 2
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CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 26-11-2018Heard learned counsel for the parties.
Petitioner seeks bail in Rajeev Nagar P.S. Case No. 18 of 2018 registered for the offence punishable under Sections 414 of the Indian Penal Code and Section 25(1-A), 25(1-B), 26 and 35 of the Arms Act.
According to the written report of Arjun Lal, on disclosure of one Subodh Singh, a raid was conducted and during search, a pistol with six live cartridges and one mobile phone were recovered from the possession of the accused Rajiv Kumar @ Pullu and one country made pistol with six live cartridges loaded in magazine and three live cartridges and two mobile phones were recovered from the possession of Thakur Narayan Kumar @ Jaiky. Further, the apprehended accused has disclosed the names of other accused who are said to have been Patna High Court Cr.Misc. No.67007 of 2018(2) dt.26-11-2018 2/2 involved.
It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case on suspicion. Nothing has been recovered from the possession of the petitioner. Petitioner is in custody since 22.01.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-III, Patna, in connection with Rajeev Nagar P.S. Case No. 18 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 represented on each and every date fixed by the court.
(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) ranjan/-
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