Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11615 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Jitendra Kumar Son of Babulal Singh Resident of Vill- Bairaha, Ward No. 12, P.S.- Bathnaha, District- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Kumar For the Opposite Party/s :
Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Chhaurandano (Mahuawa) P.S. Case No. 84/2024 dated 03.04.2024 registered for the offence punishable u/s 326, 307 and 120B of the Indian Penal Code and 27 of the Arms Act.
3. As per the prosecution case, when the informant along with his staff Karma Kumar was sitting at his shop, four miscreants riding two motorcycles came and fired indiscriminately, on account of which, the informant sustained firearm injuries on his back.
4. Learned counsel for the petitioner has submitted
Patna High Court CR. MISC. No.11615 of 2025(2) dt.24-03-2025 2/3 that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Dipesh Kumar recorded in Mahuwa P.S. Case No. 82/2024. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 18.01.2025 passed in Cr. Misc. No. 82048/2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has four antecedents and he is on bail in all the aforesaid cases as stated in para 3 of the bail petition. The petitioner is in custody since 07.10.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the injury no. 1 is grievous in nature.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Raxual at Motihari in connection with Chhaurandano (Mahuawa) P.S. Case No. 84/2024, with the condition ;-
Patna High Court CR. MISC. No.11615 of 2025(2) dt.24-03-2025 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T