Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7911 of 2022 Arising Out of PS. Case No.-474 Year-2021 Thana- BYPASS District- Patna ====================================================== Jitendra Kumar Son of Late Ram Pravesh Singh Resident of Village- Marchi, P.S- Bypass, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Bypass P.S. Case No. 474 of 2021, Special Case No. 8123 of 2021 registered for the offence under Sections 356, 379, 411 and 341 of the Indian Penal Code and Section 37 (c) of Bihar Prohibition and Excise (Amendment) Act, 2018.

The accused/petitioner is named in the F.I.R. and is in custody since 04.12.2021.

The allegation against the petitioner is that he alongwith co-accused snatched the mobile phone of the informant.

Learned counsel appearing on behalf of the accused/petitioner submitted that the mobile phone which is

Patna High Court CR. MISC. No.7911 of 2022(2) dt.06-06-2022 2/3 alleged to be snatched by the accused/petitioner was taken back by informant on the spot. It is further submitted that the arrest of petitioner was made by private persons. It is further submitted that chargesheet has already been submitted as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that arrest has been made by private persons and chargesheet has already been submitted as such there is no chance of tampering with the evidence.

Considering the facts and submissions as made above as arrest has been made by private persons coupled with the fact that chargesheet in this case has already been submitted as such there is no chance of tampering with the evidence, let the petitioner, above named, is directed to be released on bail in connection with Bypass P.S. Case No. 474 of 2021, Special Case No. 8123 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna City, subject to the following conditions:

"(i) That accused/petitioner shall not involve in the similar nature of offence

Patna High Court CR. MISC. No.7911 of 2022(2) dt.06-06-2022 3/3 till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail of the petitioner.

(ii) That one of the bailors shall be the close relative of the accused/petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T