Jitendra Kumar @ Jitendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15571 of 2022 Arising Out of PS. Case No.-237 Year-2021 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Jitendra Kumar @ Jitendra Kumar Yadav, Son of Brahamdeo Yadav Resident of Village - Dhanawan, P.S. - Bodh Gaya, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Informant :

Mr. Shailesh Kumar, Advocate For the State :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2022 Heard learned counsel for the petitioner, the State and the learned counsel for the informant.

Let the defect(s) be removed within four weeks of the complete start of the physical Court in normal course. The petitioner is in judicial custody in connection with Magadh Medical P.S. Case No.237/2021 instituted under Section 325,341,307/20(B)/34 IPC and 27 of the Arms Act. The allegation in the FIR is of intercepting one Satyendra Kumar on 05-09-2021 near Gaya Airport and the accused person resorted to indiscriminate firing. He was shifted to Hospital but was declared dead.

Subsequently, during investigation the role of the petitioner herein came into picture and the police found that he is the key person who saw to it that the Satyendra Kumar is

Patna High Court CR. MISC. No.15571 of 2022(3) dt.02-08-2022 2/2 killed. He served as the facilitator in providing the necessary arms, ammunition, motorcycle, SIM as also let the accused persons stay at his home.

Learned APP has also pointed out that contrary to the statement made in para-3 of the bail application that he has only one criminal case against him, he is also an accused in another criminal case vide Bodh Gaya P.S. Case No.445/2017 under Section 307 of the Indian Penal Code lodged on 19.07.2017. Taking into account the fact that a man was killed and the accused persons resorted to indiscriminate firing and the petitioner has been alleged to be the facilitator of the said killing as also the fact that false statement has been made in para-3 of the bail application, this Court is not inclined to grant him privilege of bail which is accordingly rejected. (Rajiv Roy, J) Prakash Narayan /- U T