Jitendra @ Jitendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24506 of 2020 Arising Out of PS. Case No.-505 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== JITENDRA @ JITENDRA PATEL Son of Ashok Raut Resident of Village - Ganga Pipar, P.S.- Chiraiya, District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Chandra Verm, Advocate.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution case, while the informant was regressing after collecting money from Pachpakri, Bakhari Patahi and Shikarganj and when he reached at village Kappor Pakari, two motorcycle borne miscreants accosted him and looted away his bag containing Rs.2,70,000, a power bank and receipt register. They also snatched gold chain and key of the vehicle. During the course of escaping, the informant claimed to identity them as Dhiraj and the petitioner.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been

Patna High Court CR. MISC. No.24506 of 2020(3) dt.02-11-2020 2/2 falsely implicated in this case due to animosity. The petitioner was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. No test identification parade was conducted. The petitioner has been languishing in custody since 10.01.2020.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-divisional Judicial Magistrate, Sikrahana at Dhaka in connection with Chiraiya (Shikarganj) P.S. Case No.505 of 2019.

(Anjani Kumar Sharan, J) Trivedi/- U T