Jitendra Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29571 of 2023 Arising Out of PS. Case No.-14 Year-2018 Thana- TEKARI District- Gaya ====================================================== JITENDRA KUMAR @ SANTOSH KUMAR S/o Nunu Yadav R/o villageLodipur, P.S.-Alipur, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-07-2023 Heard learned counsel appearing on behalf of the parties.

The petitioner seeks bail in connection with Tekari P.S. Case No.14 of 2018 registered for the offence under Sections 341, 323, 324, 307, 504 and 506/34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 24.01.2023.

The allegation against the petitioner is to open fire upon father-in-law of the informant along with other co-accused persons, causing firearm injury, where occurrence is arises out of drainage issues.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.29571 of 2023(3) dt.03-07-2023 2/3 submitted that the maximum allegation is available against this petitioner, in terms of narration of FIR, is to hold the father-inlaw of informant, during course of occurrence, where, specific allegation of causing firearms injury is against other co-accused, namely, Panna Lal. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where, he is on bail and moreover, investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as specific allegation of causing firearms injury is against other co-accused, namely, Panna Lal, where, the allegation against this petitioner is limited to hold the father-in-law of the informant coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 24.01.2023, let the petitioner, above named, is directed to be released on bail in connection with Tekari P.S. Case No.14 of 2018 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.29571 of 2023(3) dt.03-07-2023 3/3 A.C.J.M.-VI, Gaya/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T