Jitendra Kumar @ Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18796 of 2021 Arising Out of PS. Case No.-99 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== JITENDRA KUMAR @ JITENDRA SAH SON OF YOGENDRA SAH R/O VILLAGE- KALASAN, WARD NO.01, P.S.- CHAUSA, DISTRICTMADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 307 and other ancillary sections of the Indian Penal Code. As per the prosecution case, this petitioner is alleged to have assaulted the husband of the informant by means of sword as a result of which he received injury on the head. Petitioner also assaulted one Nirmal Kumar.

Learned counsel for the petitioner submits that there is admitted land dispute between the parties and there is case and counter case in which both sides sustained injuries. Petitioner is in custody since 26.6.2020.

Considering the rival submissions of the parties,

Patna High Court CR. MISC. No.18796 of 2021(2) dt.09-07-2021 2/2 materials available on the record and the fact that there is land dispute between the parties and the petitioner is in custody since 26.6.2020, let the petitioner, mentioned above, 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 Sub Divisional Judicial Magistrate, Udakusunganj Madhepura in Chausa Police Station Case No. 99 of 2020 on the following conditions:-

(1) 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 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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