Jitendra Kumar Mahto @ Jitendra Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9961 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- ANDHRATHARHI District- Madhubani ====================================================== JITENDRA KUMAR MAHTO @ JITENDRA BHARTI SON OF BALESHWAR MAHTO R/O VILL.- MADHUBAN, P.S.- ANDHRATHADHI, DISTT.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar, Advocate For the Opposite Party/s :

Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Andhrathadhi PS case no. 131 of 2022, registered for the offences punishable under Section 386 and other allied sections of the Indian Penal Code. The allegation is regarding the accused persons including the petitioner herein having arrived at the house of the informant, whereafter they had pointed pistol on the head of the informant and demanded a sum of Rs. 50,000/- by way of extortion money and thereafter, it is alleged that the co-accused Vijay Kumar had assaulted the informant by a dagger.

Patna High Court CR. MISC. No.9961 of 2023(2) dt.19-05-2023 2/3 The learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is accused in one another case but he is on bail in the said case. It is also submitted that as far as the petitioner is concerned, he has not been alleged to have engaged in any sort of specific overt act qua the informant, hence, he has got no complicity in the matter. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the petitioner has not been alleged to have assaulted the informant, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with

Patna High Court CR. MISC. No.9961 of 2023(2) dt.19-05-2023 3/3 two sureties of the like amount each to the satisfaction of J.M. 1st class, Jhanjharpur, Madhubani in connection with Andhrathadhi PS case no. 131 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T