Jitendra Kumar @ Batus @ Jitendra Kumar Batas v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7258 of 2024 Arising Out of PS. Case No.-516 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== JITENDRA KUMAR @ BATUS @ JITENDRA KUMAR BATAS S/O BIPIN KUMAR SINGH R/O VILLAGE- DUMARI ROAD NEAR VIKASH VIDYALAYA, WARD NO.-17, P.S- MUFFASIL., DISTT.- BEGUSARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shubhesh Pandey For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Begusarai Town (Ratanpur-OP) P.S. Case No. 516 of 2023 registered on 05.09.2023 lodged under Sections 341, 323, 386, 379, 427, 504, 506, 34 of the I.P.C.
3. As per the prosecution case, F.I.R. has been lodged against 3 named accused persons and 7-8 unknown accused persons and specific allegation against the present petitioner is that he has stabbed knife in the stomach of the informant.
4. Counsel submits that on earlier occasion case diary has been called for. He submits that upon going through the entire case diary there is no material on record to support the
2/4 allegation of stabbing knife in the informants stomach. He further submits that the neither charge-sheet has been filed under Section 307 of the I.P.C. nor cognizance has been taken under Section 307 of the I.P.C. It seems that vide order dated 08.01.2024, cognizance has been taken under section 341, 354, 386, 379, 427, 502, 506/34 of the I.P.C. Counsel further submits that petitioner is in custody since 20.10.2023 having six criminal case pending against him, in which he is on bail. He further submits that petitioner law abiding citizen and he is ready to fulfill all the conditions, whatsoever shall be imposed upon him.
5. Learned counsel for the State opposes the prayer for bail and submits that antecedents of the petitioner is not clean.
6. Learned counsel for the informant vehemently opposes the prayer for bail and submits that there is allegation of Section 306 of the I.P.C.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on being satisfied by the trial Court that he is not absconding in any of the criminal cases pending against him which are mentioned below and on furnishing bail
3/4 bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Court of C.J.M., Begusarai in connection with Begusarai Town (Ratanpur-OP) P.S. Case No. 516 of 2023, subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
4/4 • Begusarai Muffasil P.S. Case No. 734/2018 • Begusarai Muffasil P.S. Case No. 482/2019 • Begusarai Muffasil P.S. Case No. 483/2019 • Begusarai Nagar P.S. Case No. 47/2021 • Begusarai Nagar (Ratanpur O.P) P.S. Case No. 781/2021 • Begusarai Nagar (Ratanpur O.P) P.S. Case No. 782/2021 (Dr. Anshuman, J) Sunnykr/- U