Jitendra Mehta @ Jitendra Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30251 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- MALI District- Aurangabad ====================================================== Jitendra Mehta @ Jitendra Verma Son of Ramgati Mehta Resident of VillageChilhaki-Bigaha, Police Station- Amba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mali P.S. Case No. 104 of 2023 dated 11.11.2023 registered for the offences punishable u/ss 302 and 120B read with Section 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have killed the informant's father under a conspiracy.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 10.11.2023 but the F.I.R. was lodged on 11.11.2023 and there is no explanation for this delay. There is no

Patna High Court CR. MISC. No.30251 of 2024(2) dt.30-04-2024 2/3 specific allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.01.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Mali P.S. Case No. 104 of 2023, with the condition/s:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the prosecution will be at liberty to move for cancellation of his bail bond.

(ii) The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the

Patna High Court CR. MISC. No.30251 of 2024(2) dt.30-04-2024 3/3 petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T