Jitu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38243 of 2024 Arising Out of PS. Case No.-528 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Jitu Kumar Son Of Shri Manoj Mishtri @ Mano Saw Resident Of Diwan Mohalla, Kahjekala, P.S. - Khajekala Town And District - Patna (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Koushlendra Narayan, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Khajekala P.S Case No. 528 of 2023 registered for the offences punishable under Sections 302, 34 of the I.P.C

3. As per prosecution case, it is alleged that petitioner along with others have assaulted the brother of the informant, due to which he succumbed to injuries.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner is not named in the FIR rather the name of the petitioner has been transpired during

Patna High Court CR. MISC. No.38243 of 2024(3) dt.01-08-2024 2/2 the course of investigation. There is no specific allegation against the petitioner and no eye witness said about the involvement of the petitioner in the said occurrence, further no recovery of any incriminating materials or murder weapons from the possession of the petitioner. It is also submitted that petitioner is in judicial custody since 09.12.2023 and he has got clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named 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 learned A.C.J.M, Patna City, Patna in connection with Khajekala P.S Case No. 528 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T