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Patna High CourtCR. MISC./14611/2022allowed

Jitendra Chauhan @ Jitendra Chaudhary v. The State Of Bihar

2022-08-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14611 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- KOCHAS District- Rohtas ====================================================== JITENDRA CHAUHAN @ JITENDRA CHAUDHARY S/o Ramji Chauhan R/o Village- Baradieh, P.S.- Kochas, District- Rohtash. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 427, 332, 333, 431, 269, 270, 290 of the IPC. Allegedly, a free fight is said to have taken place between two groups and to pacify the matter, police reached at the spot but by that time, the parties proceeded for their treatment at Primary Health Centre. Further it is alleged, that all the FIR named accused persons along with 100-150 persons have blocked the road and were throwing bricks on police, in which,

Patna High Court CR. MISC. No.14611 of 2022(2) dt.10-08-2022 2/2 one police man has sustained injury.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. Though the petitioner is named in the FIR but there is no specific allegation against him. Petitioner, at best can be said to be the member of the mob but there is absolutely no overt act against him. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.

25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kochas P.S. Case No.153 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.