Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11191 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- HILSA District- Nalanda ====================================================== JITENDRA KUMAR Son of Satnam Ravidas @ Satpal Mochi Resident of Village- Ashanagar, P.S.- Soh Sarai, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Hilsa P.S. Case No. 26 of 2021 lodged under Sections 420, 414, 467, 471 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and nothing was recovered from his possession rather police has alleged in the FIR that they were fled away from the Tractor then he has been caught whereas two other person become successful to fled away. The name of the petitioner has figured in this case by the confessional statement before the police. On the point of criminal antecedent, learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11191 of 2022(2) dt.29-06-2022 2/3 there was a criminal case filed namely, Rajgir P.S. Case No. 399 of 2020 under Section 379 of the Indian Penal Code. After arresting of the petitioner in the present case, police has put his name in the earlier case, save and except there is no case pending against him. Petitioner further submits that charge-sheet has already been filed in this case and petitioner is in custody since 14.01.2021. He is also ready to submit an affidavit that he shall not be involved in any such type of activities in future.

Learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case that petitioner is in custody since 14.01.2021, charge sheet has already been filed and he is ready to file undertaking that he shall not be involved in any such type of activities in future, let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 50,000/-(Fifty Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-I, Hilsa in connection with Hilsa P.S. Case no. 26 of 2021 subject to the following conditions :- The petitioner is directed to submit an affidavit that he shall not involve in any such type of activities in future.

Patna High Court CR. MISC. No.11191 of 2022(2) dt.29-06-2022 3/3 The prosecution is at liberty to cancel his bail bond, in case the petitioner found to involve in any such type of activities in future. The petitioner is also directed to appear before the Trial Court on day to day basis.

(Dr. Anshuman, J) Gautam/- U T