Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39497 of 2017 Arising Out of PS.Case No. -364 Year- 2017 Thana -DANAPUR District- PATNA ======================================================

1. Jitendra Kumar son of late Ishwari Rai resident of village - Naya Tola, P.S. Danapur, District - Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar Ray For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Danapur P.S.Case No.364 of 2017 , registered for offences punishable under Sections 341, 342, 323, 307, 504/34 and 302 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner as per FIR is of assault to the deceased but further there is allegation of firing also on other co-accused persons.

Submission of the learned counsel for the petitioner is that there is a case and counter case between the parties and furthermore there is no allegation of firing against the petitioner. The petitioner is in custody for about three months. Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.39497 of 2017 (3) dt.06-09-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Danapur P.S.Case No.364 of 2017. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T