Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22011 of 2021 Arising Out of PS. Case No.-281 Year-2020 Thana- JHAJHA District- Jamui ====================================================== Jitendra Kumar Son Of Chhotu Yadav @ Chhotan Yadav Resident Of Village Karahra, P.S. Jhajha, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Sinha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Jhajha P.S. Case No. 281 of 2020, registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, this petitioner along with other accused persons assaulted the informant and took away cash and other belongings from the possession of informant and fled away.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is delay of two days in filing of FIR for which there is no plausible

Patna High Court CR. MISC. No.22011 of 2021(2) dt.16-07-2021 2/2 explanation. No looted article has been recovered from possession of this petitioner. Petitioner claims clean antecedent and he is in custody since 21.08.2020. Investigation is complete. Considering the facts and circumstances of the case, the petitioner above-named, is directed to 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 the learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 281 of 2020, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T