Jitendra Patel @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32519 of 2020 Arising Out of PS. Case No.-483 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== JITENDRA PATEL @ JITENDRA KUMAR Son of Ashok Raut @ Ashok Patel Resident of Village- Ganga Pipar, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Navin Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2020 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 from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 395 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in short, is that some unknown persons on the point of pistol looted money and motorcycle of the informant.

Patna High Court CR. MISC. No.32519 of 2020(2) dt.09-12-2020 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.02.2020. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in this case on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. The petitioner has not been put on T.I.P. to ascertain his participation in the alleged occurrence nor there is recovery of any incriminating article from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Sub Divisional Judicial Magistrate at Dhaka, East Champaran in Chiraiya P.S. case No.483 of 2019. (Sudhir Singh, J) Narendra/- U T