Jitan Kumar @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33467 of 2021 Arising Out of PS. Case No.-69 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Jitan Kumar @ Jitendra Yadav Son of Shivji Ray Resident of Village - Damodarpur Pathan Toli, P.S.- Kanti, Distt.- Muzaffapur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Kanti P.S. Case No. 69 of 2021, registered for the offence under Section 25(1-b)a / 26 / 35 of the Arms Act.

One country-made loaded Katta has been recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case and nothing has been recovered from conscious possession of the petitioner. Petitioner s in custody since 29.01.2021. Chargesheet has been submitted. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as

Patna High Court CR. MISC. No.33467 of 2021(2) dt.03-09-2021 2/2 well as period of custody, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, West, Muzaffarpur in connection with Kanti P.S. Case No. 69 of 2021, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T