Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28392 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- BACHHWARA District- Begusarai ====================================================== Jitendra Kumar, S/o Arun Rai, R/o Village- Fateha (Salempur), P.S.- Bachhwara, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2021 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the bail petition during the course of the day.
Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in connection with Bachhawara P.S. Case No. 107 of 2019 for the offence under Sections 148, 341, 323, 307, 504, 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that except the allegation that petitioner was present at the place of occurrence, there is no allegation of overt act. He further submits that the allegation against the petitioner at the highest is general and omnibus.
Considering the aforesaid, the petitioner named above, in the event of arrest or surrender before the court below
Patna High Court CR. MISC. No.28392 of 2020(2) dt.15-01-2021 2/2 within one month from the date of receipt of a copy of this order, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bachhawara P.S. Case No. 107 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with the further condition that the petitioner shall deposit Rs.25,000/- (Twenty five thousand) cash in the court below and the same shall be abide by the final outcome in the trial i.e. if the petitioner is acquitted the amount of Rs.25,000/- shall be refunded in favour of the petitioner, otherwise it shall be forfeited.
(Anil Kumar Upadhyay, J) uday/- U T