Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17729 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== JITENDRA KUMAR @ JITENDRA YADAV Son of Kanhaiya Singh @ Kanhaiya Yadav Resident of Village and P.O. Masauna, P.S.- Sanjhauli, District- Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Garg, Adv For the Opposite Party/s :
Mr.Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-10-2021 Heard the parties.
Petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402, 400, 414, 411, 216(A) I.P.C., Sections 25(1-b)a, 26, 35 of Arms Act, and Sections 8, 20(b)II(B)27(A) of N.D.P.S.Act.
Submission is that the FIR would reveal that from possession of the petitioner, only a mobile was recovered whereas recovery of firearm and narcotics are alleged from possession of some others as well as from the Car wherein the petitioner was also there.
Learned counsel for the petitioner submits that the petitioner is in custody since 23.09.2020. The petitioner has no concern with the Car or the recovered Narcotics. He has been
Patna High Court CR. MISC. No.17729 of 2021(3) dt.07-10-2021 2/2 implicated on suspicion due to his criminal antecedent. Considering lack of direct material against the petitioner for recovery of incriminating material as well as completion of investigation of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mohania Police Station Case No.240 of 2020 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(c) The petitioner shall not leave the country without permission of the trial Court.
(Birendra Kumar, J) Nitesh/- U T