Jitu Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12732 of 2022 Arising Out of PS. Case No.-314 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== JITU THATHERA S/o- Baijnath Sah R/o Mohalla - Aranya Devi, Dhobiyagali, P.S.- Ara Town, District - Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Ara Town P.S. Case No. 314 of 2021 registered for the offence punishable under sections 323, 324, 307, 379/34 of the Indian Penal Code.

As per allegation in the FIR, 3-4 unknown persons came to the house of the informant and taken away son son. After some time, when she heard noise, she reached at the place of occurrence, and saw that her son was lying in injured condition. The injured son told her that co-accused Jeetu Thathera, Lathi Kumar, Matru Sah and other 3 to 4 unknown accused persons assaulted him with knife, dragger, phasuli. They also assaulted Gautam Yadav. Accused persons took away mobile phone and ornaments.

Patna High Court CR. MISC. No.12732 of 2022(3) dt.02-01-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case at the instance of the persons with whom the petitioner is on inimical term. General and omnibus allegation has been levelled against the petitioner. One of the similarly situated accused persons has already been granted regular bail by a different co-ordinate Bench of this Court vide order dated 12.04.2022 passed in Cr. Misc. No. 63720 of 2021. Petitioner is languishing in judicial custody since 20.07.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur, Ara in connection with Ara Town P.S. Case No. 314 of 2021.

(Sunil Kumar Panwar, J) sushma/- U T