Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26929 of 2022 Arising Out of PS. Case No.-429 Year-2021 Thana- TARAIYA District- Saran ====================================================== Jitendra Kumar Son Of Nagina Prasad @ Nagina Singh R/O- VillBahrauli,Ward No.3, P.S.- Mashrakh, Dist- Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code. Prosecution allegation, in short, is that while the informant was driving the pickup van and was on the way, the unknown accused persons stopped and looted the said pickup van and also his mobile phone.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the

Patna High Court CR. MISC. No.26929 of 2022(2) dt.14-11-2022 2/2 petitioner. The petitioner has falsely been implicated in the present case The petitioner is not named in the F.I.R. The name of the petitioner has transpired on the basis of confessional statement of co-accused made before the police. There is no recovery of any looted articles from the possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- 1, Saran at Chapra in connection with Taraiya P.S. Case No. 429 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T