Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29643 of 2020 Arising Out of PS. Case No.-121 Year-2020 Thana- BARACHATTI District- Gaya ====================================================== 1.

JITENDRA PRASAD @ JITENDRA KUMAR, S/o Sukhdev Mahto, 2.

Chandrika Prasad @ Chanirak Prasad S/o Sukhdev Mahto, Both are Residents of Village-Sakhan Tola, Nawadih, Police StationBarachatti and District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2021 Heard learned counsel for the petitioners and learned APP for the State.

Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within three weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. As per FIR, allegations against the petitioners are that they badly assaulted the son of the informant when he went to see the bore-well motor which was situated at the place of

Patna High Court CR. MISC. No.29643 of 2020(2) dt.22-01-2021 2/3 boring and due to that he sustained fracture in his left leg and also severe injuries.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 323, 325, 341, 307, 504, 379 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. Earlier the petitioners had filed a case against the informant and his family members. There is case and counter case between the parties.

Learned APP for the State opposes the prayer for bail of the petitioners.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioners on bail. Accordingly, the prayer for bail of the petitioners are rejected in connection with Barachatti P.S. Case No. 121 of 2020 from the Court of learned Additional Chief Judicial Magistrate, Sherghati (Gaya). Accordingly, the application is dismissed.

However, petitioners are directed to surrender before the learned court below and make prayer for bail, the learned

Patna High Court CR. MISC. No.29643 of 2020(2) dt.22-01-2021 3/3 court below shall dispose of the bail petition on the same day without being prejudiced by this order.

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