Jitan Kushwaha @ Jitendra Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29121 of 2020 Arising Out of PS. Case No.-152 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== Jitan Kushwaha @ Jitendra Kushwaha, Son of Banka Kushwaha @ Banke Lal Kushwaha, Resident of Village- Dahawa, P.S.- Dhanaha, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prithvi Nath Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-01-2021 Heard learned counsel for the parties through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 115, 147, 149, 323, 341, 342 and 353 of the Indian Penal Code.

As per the prosecution case, on 01.09.2019 at about 10:02 hours, informant got information that 300 persons have apprehended one person telling as Dhakoshwa (child lifter). It is further alleged that the accused persons also used criminal force. It is submitted on behalf of the petitioner that there is general and omnibus allegation. Altogether, 16 persons have been named in the F.I.R. Petitioner is, though, named in the F.I.R. but carry no specific allegation. Petitioner has got clean antecedent as stated in paragraph no.3 of the bail

Patna High Court CR. MISC. No.29121 of 2020(3) dt.05-01-2021 2/2 petition.

However, learned A.P.P. for State vehemently opposed the prayer for bail.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Bagaha (West Champaran) in Dhanaha Police Station Case No.152 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Ankit/- U T