Jitendra Rawat @ Jitendra Kumar Rawat @ Jitu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3637 of 2020 Arising Out of PS. Case No.-642 Year-2019 Thana- MADHAURAH District- Saran ====================================================== Jitendra Rawat @ Jitendra Kumar Rawat @ Jitu Son of Birendra Ravat Resident of Village - Bardahiya, P.S.- Marhowrah, District - Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash, Advocate For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Marhowrah P.S. Case No. 642 of 2019, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act. It is submitted that petitioner has falsely been implicated in this case. Name of this petitioner has come in this case on the basis of confessional statement of co-accused Bajrangi Prasad Yadav @ Vivek Kumar, who was apprehended on the spot and one loaded country made pistol and live cartridges were recovered from his possession. Nothing has been recovered from conscious possession of the petitioner. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner

Patna High Court CR. MISC. No.3637 of 2020(2) dt.29-02-2020 2/2 above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No. 642 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T