Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22606 of 2024 Arising Out of PS. Case No.-164 Year-2022 Thana- CHAPRA TOWN District- Saran ====================================================== Jitendra Kumar Son Of Late Vishawanath Prasad Resident Of Village - Mission Road Dahiyawan, Ps- Town Chapra, Dist- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 341/323/324/307/379/504/34 of the IPC.

3.

As per the prosecution story, when the informant was at his grocery shop at his house, the accused persons came there and demanded Gutakha to which he refused as he did not sell the same, the petitioner caught hold his collar and coaccused Chandam Kumar gave knife blow on his neck but in a while avidity the blow he sustained injury.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific

Patna High Court CR. MISC. No.22606 of 2024(4) dt.12-07-2024 2/2 rather general and omnibus in nature. The police has not found any evidence against the petitioner during investigation. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail.

6.

Having regard to the facts and circumstances of the case, since the injury was found simple in nature, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chapra Town P.S. Case No. 164 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. The petitioner will cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner. (Anjani Kumar Sharan, J) Guddu/- U T