Jitan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7421 of 2023 Arising Out of PS. Case No.-124 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jitan Kumar Son Of Ramadhar Singh R/V- Garhan, Ps- Udwant Nagar, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar Singh For the Opposite Party/s :

Mr. Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 337, 338, 323, 307, 302, 504, 109 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, when the informant was sitting at the door of his house with his family members, in the meantime the accused persons came there armed with weapons and they all assaulted the family members of the informant.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.7421 of 2023(2) dt.08-05-2023 2/2 He submits that there is no specific overt act against the petitioner. The petitioner is only member of the mob. There is specific allegation against one Sanjay Singh, who assaulted the father of the informant, during the course of treatment father of the informant died. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the fact that there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Udwantnagar P.S. Case No. 124 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T