Jitendra Sao @ Jitendra Raut @ Jitendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22846 of 2024 Arising Out of PS. Case No.-878 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== 1.

Jitendra Sao @ Jitendra Raut @ Jitendra Prasad S/o Late Bhumeshwar Prasad Sao Resident of Village - Ghoraghat, P.S. - Dobhi, District - Gaya 2.

Kaushal Patel @ Kaushal Kumar @ Nanhak S/o Jitendra Sao Resident of Village - Ghoraghat, P.S. - Dobhi, District - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341 and 323/34 of the Indian Penal Code and Section 25(2) of the Arms Act.

3. As per allegation in the FIR, all the accused persons went to the house of informant and fired three gunshot and also assaulted the informant.

4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case. He next submits that the petitioners have got clean antecedent and the

Patna High Court CR. MISC. No.22846 of 2024(2) dt.29-04-2024 2/2 petitioners were not present at the time of alleged occurrence because both of them were living at Mumbai because petitioner no.1 is a student and he is studying at Mumbai and petitioner no.2 is a driver as stated in para-8 of the petition.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioners.

6. Under the above facts and circumstances of the case, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Gaya in connection with Buxar Sherghati (Dobhi) P.S. Case No. 878 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T