Jitesh Jha @ Jitu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24834 of 2022 Arising Out of PS. Case No.-202 Year-2021 Thana- DUMRA District- Sitamarhi ====================================================== JITESH JHA @ JITU Son of Bhavdew Jha Resident of village - Bhairokothi, ward no.4, Bhairo Bhup, P.S.- Sitamarhi, Distt.- Sitamarhi. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vikash Kumar Jha, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 03.06.2021 at around 5:00 am his son Nand Kishore aged about 40 years left home for morning walk, thereafter he called from his mobile and informed that he has received gunshot by unknown persons near Mahila College, accordingly the F.I.R. came to be instituted by the father of the deceased against unknown persons.
Learned counsel for the petitioner submits that police
Patna High Court CR. MISC. No.24834 of 2022(2) dt.16-06-2022 2/3 during the course of investigation based on input received by the spy arrested Subhesh Kumar Jha, Divyansh Kumar and Shubham Kumar. It is next submitted that none of the arrested accused persons took the name of the petitioner rather Shubham Kumar in his confession disclosed the name of one Anil Kumar Yadav and when Anil Kumar Yadav was arrested he confessed before the police in which the name of the petitioner transpired along with others. Learned counsel submits that similarly situated co-accused Wasim Anwar @ Wasim Anwar Khan @ Puttu @ Puttu Khan has been granted anticipatory bail vide order dated 18.04.2022 in Cr. Misc. No. 62085 of 2021 and thus the petitioner seeks parity.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner and the fact that the similarly situated co-accused has been granted anticipatory bail, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below
Patna High Court CR. MISC. No.24834 of 2022(2) dt.16-06-2022 3/3 where the case is pending/successor court in connection with Dumra P.S. Case No. 202 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T