Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26927 of 2020 Arising Out of PS. Case No.-17 Year-2020 Thana- NTPC District- Patna ====================================================== JITENDRA KUMAR S/o Gouri Shankar Yadav Resident of Village-Raily, P.S.-NTPC, District-Patna.
... ... Petitioner
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Harish Kumar, Advocate For the Opposite Party :
None ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-10-2020 Heard Mr. Harish Kumar, learned counsel appearing on behalf of the petitioner. None appears on behalf of the State of Bihar.
This application for grant of regular bail arises out of NTPC P.S. Case No. 17/20, registered for the offence punishable under Sections 302, 307, 34 of the Indian Penal Code and Section 27 of the Arms Act.
The occurrence is said to have taken place on the occasion of a marriage function. The dispute is said to have arisen between the bride side and the groom side over performance of dance by the lady dancer and an altercation had taken place between two groups. Allegedly, one, amongst the group of the bride side, is said to have opened fire leading of death of a person. Three persons, as named in the F.I.R., were apprehended on the spot. The petitioner is said to have disclosed
Patna High Court CR. MISC. No.26927 of 2020(2) dt.20-10-2020 2/3 that the co-accused Indrajit Yadav had opened fire. Learned counsel appearing on behalf of the petitioner was randomly picked up and apprehended from the group of the bride side and no incriminating material was recovered from him. The petitioner is in custody since then. Considering the circumstance that though the petitioner was apprehended immediately after the occurrence and no incriminating material was recovered from his possession, this application is allowed.
Let the petitioner, above named, 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 the learned J.M. 1st Class, Barh, in NTPC P.S. Case No. 17/20. It is directed that the defect(s) in the application, pointed out by the Registry, must be removed within two months.
Since COVID-19 pandemic situation is prevailing, the Court has considered it appropriate to adopt following procedure for communication of the present order :- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary.
Patna High Court CR. MISC. No.26927 of 2020(2) dt.20-10-2020 3/3 (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
(Chakradhari Sharan Singh, J) Pawan/- U T