Jitendra Yadav @ Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51093 of 2018 Arising Out of PS.Case No. -528 Year- 2016 Thana -KOTWALI District- PATNA ======================================================
1. Jitendra Yadav @ Jitendra Kumar S/o Ramji Pd. Yadav, R/o Karhara, P.S.- Ghoshi, District- Jehanabad.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv For the Opposite Party/s : Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 31-08-2018 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 396,394,302,411 of the Indian Penal Code.
The FIR of the occurrence of murder is against unknown. The impugned order would reveal that during investigation, the petitioner confessed before the police his guilt and from the courtyard of the house of the petitioner, the looted cash and ornaments were recovered. Submission is that the petitioner is in custody since 09.11.2016. Confession before the police is no evidence, save and except to the extent of recovery of the incriminating article.
Petitioner has sufficiently been punished as under-trial prisoner. The trial has not
Patna High Court Cr.Misc. No.51093 of 2018 (2) dt.31-08-2018 2/2 concluded as yet.
Considering the nature of allegation as well as material and period already undergone, 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 S.Tr.No.541 of 2017 arising out of Patna Kotwali Police Station Case No.528 of 2016, 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 investigation/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