Jitendra Kumar @ Pintu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14257 of 2024 Arising Out of PS. Case No.-281 Year-2023 Thana- DEEPNAGAR District- Nalanda ====================================================== Jitendra Kumar @ Pintu Kumar Son of Late Ajit Prasad Resident of VillageLakhrawan, P.S.- Deepnagar, District- Nalanda (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Nayan, Advocate For the Opposite Party/s :
Mr. Rajendra Singh Shastri, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Deepnagar P.S. Case No. 281 of 2023 for the offence punishable u/s 307, 447, 323, 325, 379, 504, 506 and 34 of the Indian Penal Code.
3. As per the prosecution case, petitioner and other accused persons entered into the house of the informant and assaulted the mother and other family members of the informant causing a number of injuries to them. The assailants also took away some ornaments and Rs. 1.5 lakh from the house of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.14257 of 2024(2) dt.12-03-2024 2/3 case. Present case is counter blast of Deepnagar P.S. Case No. 282 of 2023 instituted under sections, 147, 149, 341, 323, 354, 379, 504 and 506 of the Indian Penal Code and the said case was lodged on the basis of written report of wife of the petitioner against the informant and others. No offence under Section 307 IPC is made out as it is apparent from the facts of the case and section 379 IPC is super addition. Other sections of the FIR are bailable. The own brother of the petitioner is Mukhiya of the Panchayat but relation between the brothers soured and series of litigation including criminal cases are going on between the parties. Learned counsel further submits that the injuries sustained by the victims are not on vital part. The petitioner has got antecedent of two criminal cases and he is on bail in both the cases .
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and considering the non-specific nature of allegation against the petitioner and possibility of false accusation, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of
Patna High Court CR. MISC. No.14257 of 2024(2) dt.12-03-2024 3/3 the like amount each to the satisfaction of the learned Court concerned, Nalanda at Biharsharif in connection with Deepnagar P.S. Case No. 281 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.
7. The application stands allowed.
(Arun Kumar Jha, J) Prakash/- U