Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29718 of 2020 Arising Out of PS. Case No.-45 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== JITENDRA KUMAR, age about 22 years, Son of Krishna Singh, Resident of Village- Anaith, P.S.- Ara Nawada, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Prabhat Kumar Singh, Advocate.

For the Opposite Party :

Mr. Mithilesh Kumar Khare, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Section 392 of the I.P.C.

The prosecution story, in brief, is that on 04.03.2020 at about 8.25 P.M. in the evening while the informant was going to his home through Motorcycle after closing his medicine shop,

Patna High Court CR. MISC. No.29718 of 2020(2) dt.10-11-2020 2/3 on the way, some miscreants dashed his Motorcycle and snatched his Motorcycle, Chain, Mobile, bag containing Rs. 40,000/- and key of the shop, thereafter, accused fled away. It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 05.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has come in the present case on the basis of his self confession made before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade to ascertain his participation in the alleged occurrence.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two

Patna High Court CR. MISC. No.29718 of 2020(2) dt.10-11-2020 3/3 sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara, in connection with Jagdishpur P.S. Case No. 45/2020.

(Sudhir Singh, J) U.K./- U T