Jitendra Singh @ Tiger v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16235 of 2019 Arising Out of PS. Case No.-115 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Jitendra Singh @ Tiger Son of Late Surajdeo Singh Resident of VillageChapri, P.S.- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K.Agrawal, Sr.Adv.

: Mr.Dhananjaya Nath Tiwari, Adv : Miss. Preety Kumari, Adv For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

The FIR of the occurrence of murder would reveal that the informant had suspicion that FIR named person had committed murder of the nephew of the informant. Petitioner is not named in the FIR. However, during investigation in the confessional statement of co-accused, name of the petitioner surfaced.

Submission is that this is a case of police atrocity because the petitioner has been arrayed as accused in

Patna High Court CR. MISC. No.16235 of 2019(4) dt.21-06-2019 2/2 several cases and for that reason name of the petitioner surfaced in the confessional statement. There is no other material to substantiate any motive on the part of the petitioner or any reason for involvement of the petitioner in the occurrence. Petitioner is in custody since 10.09.2018. Investigation of the case is already complete.

Learned counsel for the State opposed the prayer for bail for reason that on confession of co-accused the pistol used in the crime was recovered.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Obra Police Station Case No.115 of 2018, subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T