Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32927 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Jitendra Kumar Son Of Shyamdeo Das @ Shyam Dev Mochi Resident Of Village- Champapur, Ps- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Gaurichak P.S. case No. 709 of 2023 instituted for the offences under Sections 147, 148, 149, 188, 307, 323, 324, 325, 332, 333, 337, 338, 353, 427, 504 and 506 of the Indian Penal Code.
3. Prosecution allegation, in short, is that the informant alleged that upon instigation of Golden Das, the accused persons including the petitioner created hindrance and assaulted many police officials due to which eight police personnel sustained injuries.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.32927 of 2024(2) dt.29-04-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. There is no specific allegation levelled against the petitioner rather general and omnibus allegation has been made against the petitioner. The specific allegation of instigation is levelled against co-accused namely Golden Das. No incriminating material has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is in custody since 12.12.2023 and has no criminal antecedent. Co-accused has been granted bail by this Bench vide order dated 05.04.2024 passed in Cr. Misc. No. 25586 of 2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.32927 of 2024(2) dt.29-04-2024 3/3 Court below/concerned Court in connection with Gaurichak P.S. case No. 709 of 2023.
(Rudra Prakash Mishra, J) Pankaj/- U T