Jitendra Singh @ Mangal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59440 of 2018 Arising Out of PS.Case No. -65 Year- 2018 Thana -KURTHA District- JEHANABAD ======================================================

1. Jitendra Singh @ Mangal Singh Son of Naresh Singh, resident of Village- Makhdumpur, Police Station- Alipur, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi For the Opposite Party/s : Mr. U.L. Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-09-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner has been in custody since 10.06.2018 in connection with Kurtha (Manikpur) P.S. Case No. 65/2018 registered for the offences punishable under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner submits that the present case is wholly concocted and based on suspicion. It is further submitted that merely because of the petitioner has a criminal antecedent, the name of the petitioner has been drawn in connection with the present case. He further submits that the call which is alleged to have been made on the phone of the Bhabhi of the present petitioner from the SIM which was in the mobile phone which has been snatched is also a story which is not worthy

credence and save and except the said insinuation, there is no further material available so as to implicate the present petitioner. Learned counsel for the petitioner submits that so far as his antecedent are concerned, in two of the cases he has already been acquitted whereas in others, he has been extended the privilege of bail. Learned counsel for the petitioner also submits that he has been in custody for nearly three months and is willing to cooperate in the trial as charge-sheet has already been submitted and he will abide by the terms and conditions as imposed by this Court.

In view of the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, in connection with Kurtha (Manikpur) P.S. Case No. 65/2018, subject to the following conditions:-

(1) Father of the petitioner will be the bailor.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient

reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Saif/- U T