Allowed

Lalit Jha v. The State of Bihar

Patna HC8 Dec 2023CR. MISC./79867/2023

Case brief

AI extract

What is this about?

The Patna High Court granted regular bail to the petitioner, a second-degree accused in a dacoity case, after he had been in custody for nearly three years and the trial was unlikely to conclude soon, despite two previous bail rejections.

What did the court decide?

Release on bail by furnishing bonds of Rs. 20,000 with two sureties; one bailor must be a close relative.

Lalit Jha Vs The State of Bihar — Cheating and Forgery | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79867 of 2023

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Arising Out of PS. Case No.-55 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai

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======================================================

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Lalit Jha, Son of Shri Badri Nath Jha, R/O Village + P.O.- Rudauli, P.S.Bachwara, Dist.- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 08-12-2023 Heard Mr. Awadhesh Kumar, learned counsel for the

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petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.

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The petitioner seeks regular bail, who is in custody in connection with Cheriya Bariyarpur P.S. Case No. 55 of 2021 (Sessions Trial No. 382 of 2021), registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

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This is the third attempt made on behalf of the petitioner, as earlier twice the prayer for bail of the petitioner was rejected vide order dated 19.09.2022 and thereafter on 21.06.2023 in Cr. Misc. No. 68881 of 2021 and Cr. Misc. No. 36393 of 2023 respectively.

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Patna High Court CR. MISC. No.79867 of 2023(2) dt.08-12-2023 2/4

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While rejecting the prayer for bail of the petitioner, this Court has taken note of the fact that Glamour motorcycle and looted currency notes have been recovered from the possession of the petitioner and further he was identified in the Test Identification Parade by two of the witnesses.

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It is submitted on behalf of the petitioner that now the petitioner has been languishing in custody for over a period of more than two years and eight months, however, till date out of six charge-sheet witnesses, only one witness has been examined and thus there is no likelihood of conclusion of trial in near future. He further submits that though earlier the prayer for bail of the petitioner was rejected on merit and, as such, he is not pressing the application on the point of merit of the case, but he would submit that the case of the prosecution is that the petitioner was kept standing outside the Bank and, as such, his identification in T.I.P. is highly doubtful, apart from the fact that the very T.I.P. has conducted after one year of the occurrence, thus not at all reliable. He next submits that taking note of the aforesaid fact, co-accused Ankush Kumar, who is having similar allegation, has been allowed the privilege of bail by this Court in Cr. Misc. No. 66114 of 2023 vide order dated 91.12.2023. He also drew the attention of this Court to the order of this Court

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Patna High Court CR. MISC. No.79867 of 2023(2) dt.08-12-2023 3/4

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and the order passed by the learned Coordinate Bench, granting bail to other co-accused persons, the copies of which have been brought on record by way of Annexure- 6 Series. He lastly submits that the petitioner having fair antecedent undertakes that he will fully cooperate in the trial.

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On the other hand learned APP for the State vehemently opposes the bail application and submits that the petitioner is one of the person, who was identified by two of the witnesses. That apart, the looted currency notes and the motorcycle, which was used in the crime, have been recovered from his possession.

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Regard being had to the submissions made on behalf of the parties and considering the fact that the petitioner has been incarcerated for over a period of two years and eight months and till date only one witness has been examined and there is no likelihood of conclusion of trial in near future, coupled with the fact that other accused persons, having similar or some what more or less identical allegation, have been allowed the privilege of bail, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II,

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Patna High Court CR. MISC. No.79867 of 2023(2) dt.08-12-2023 4/4

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Begusarai in connection with Cheriya Bariyarpur P.S. Case No. 55 of 2021 (Sessions Trial No. 382 of 2021), subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

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(i) The petitioner will cooperate in conclusion of the

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trial.

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(ii) He will remain present on each and every date of trial till disposal of the case.

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(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial.

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(iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

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(Harish Kumar, J)

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uday/-

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U T

Lalit Jha v. The State of Bihar

Case brief

What is this about?

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Lalit Jha v. The State of Bihar

Case brief

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