Jitesh Kumar Bharti @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1645 of 2022 Arising Out of PS. Case No.-710 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== JITESH KUMAR BHARTI @ SONU S/o Guddu Bharti @ Guddu Kumar Bharti R/o Mohalla- Gandhi Asshram, P.S. Hajipur Town, Distt.- Vaishali Permanent address- Village Bhateti, P.S. - Guthani, Distt. - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yatindra Narayan, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 06-06-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Learned counsel for the petitioner is permitted to make rectification in para 1 of the petition within course of the day.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hajipur Sadar P.S. Case No. 710 of 2021 registered for the offences punishable under Sections 414, 399, 402 of the Indian Penal Code and Sections 25(1-b)a 26, 35 of the Arms Act. The police personnel, on the basis of confidential information that five to six miscreants have assembled at

Patna High Court CR. MISC. No.1645 of 2022(2) dt.06-06-2022 2/3 Dighikala West, Hajipur Chhapra Overbridge, for committing dacoity, proceeded towards the place of occurrence and upon seeing the police party, the accused persons tried to flee away. However, four accused persons were arrested while two of them managed in fleeing away. The police also recovered pistol, live cartridges, knives, motorcycle etc., from the possession of the accused persons. As per seizure list, one knife of iron was recovered from the left waist of present petitioner. Learned counsel for the petitioner submits that the petitioner bears no criminal history. He further submits that from the FIR as well as seizure list, it would be evident that only knife has been recovered from the possession of the petitioner. The petitioner is in custody since 10.08.

2021 and the chargesheet in the matter has already submitted. Learned counsel also submits that co-accused Suraj @ Billa has been granted bail on similar footing vide Cr. Misc. No. 69501 of 2021. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case as well as period of custody and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/-

Patna High Court CR. MISC. No.1645 of 2022(2) dt.06-06-2022 3/3 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 710 of 2021, subject to following conditions:- (i) One of the surety shall be either father or mother or sister or brother or wife or the person who sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.

(Alok Kumar Pandey, J) shahzad/- U T