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Patna High CourtCR. MISC./5971/2022bail granted

Jitendra Kumar v. The State Of Bihar

2022-04-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5971 of 2022 Arising Out of PS. Case No.-332 Year-2021 Thana- DARAUNDA District- Siwan ====================================================== Jitendra Kumar Son Of Bishwanath Singh @ Vishwanath Prasad Permanent Resident Of Village- Mahmadpur Patti, Kaladumra, P.S.- Goreyakothi, Dist.- Siwan, Bihar And Also At Village- Ramgraha, P.S.- Daraunda, Dist.- Siwan, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Bijay Prakash Singh Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-04-2022 Heard both parties.

The petitioner seeks bail in Daraunda P.S. Case No. 332 of 2021, registered for the offence punishable under Sections 302, 120B, 34 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, co-accused Vikki Kumar fired on the head of informant's brother on account of which he died. It is further alleged that all the FIR named eight persons conspired with each other and killed the brother of informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case. On

Patna High Court CR. MISC. No.5971 of 2022(2) dt.05-04-2022 2/2 the alleged date of occurrence petitioner was not present at the place of occurrence rather he was present at the examination centre at Hajipur for his BA examination. Petitioner is in custody since 01.11.2021. Investigation is complete. Moreover, Similarly situated co-accused have been granted bail by this Court vide order dated 01.04.2022 passed in Cr. Misc. No. 4693 of 2022.

Considering the facts and circumstances of the case, the petitioner above-named, 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 Judicial Magistrate I, Siwan in connection with Daraunda P.S. Case No. 332 of 2021.

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