Jitendra Singh @ Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15586 of 2021 Arising Out of PS. Case No.-86 Year-2017 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Jitendra Singh @ Jitendra Kumar Singh S/O Sri Ram Singh Resident Of VillGanghar, Kp.S. - Ara (M), Dist. - Bhojpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Smt Renu Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-07-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Arrah Muffasil P.S. Case No. 86 of 2017, instituted for the offence under Section(s) 341, 323, 504, 307 of the Indian Penal Code and Section 27 of the Arms Act pending in the court of learned Additional Chief Judicial Magistrate-5th, Bhojpur (Arrah). It is alleged in the written report that on the date of occurrence cousin brother of the informant Jitender Singh (petitioner) had come to the house. On that very date on account of family dispute, Krishna Singh (petitioner) and his mother Parwati Devi started abusing the informant. When the informant and his mother protested, petitioner came out from his room taking pistol in his hand and fired shot which hit on the back of the informant, on account of which he fell down on the ground. Thereafter, petitioner again

Patna High Court CR. MISC. No.15586 of 2021(2) dt.02-07-2021 2/3 shot fire on the back of the informant.

Learned counsel for the petitioner submits that earlier petitioner's prayer for bail was rejected vide order dated 8.8.2019 with observation that he may renew the prayer for bail if the trial is not concluded within nine months. It is submitted by learned counsel for the petitioner that even after lapse of more than a year, trial has not concluded and two charge sheet witnesses are still to be examined. Petitioner is in custody since 8.3.2018.

Considering the facts and circumstances of the case, above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge II, Bhojpur at Ara in Sessions Trial No. 242 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.15586 of 2021(2) dt.02-07-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) shashi/- U T