Jitendra Ray @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37688 of 2024 Arising Out of PS. Case No.-250 Year-2023 Thana- NAUBATPUR District- Patna ====================================================== Jitendra Ray @ Jitendra Kumar, Son Of Ajay Ray, Resident Of Village - Gopalpur, P.S. - Naubatpur, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Kumar Praveen, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Naubatpur P.S. Case No. 250 of 2023 for the offences registered under Sections 147, 149, 323, 302, 504 and 506 of the Indian Penal Code.

3. As per the prosecution case, on the date of occurrence petitioner along with other F.I.R. named accused persons and 3-4 unknown persons came and started disturbing the centering bamboo of the house of informant causing collapse of the entire centering. When the same was informed to the Sarpanch, on the same day, accused persons came and assaulted the mother of the informant with iron rod due to which she died.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.37688 of 2024(2) dt.21-06-2024 2/2 petitioner is innocent and has falsely been implicated in this case due to old dispute between the parties. Both the parties are agnates. During course of house construction some altercation took place which converted into mar-pit. There is case and counter case between the parties. There is no specific allegation of assault against the petitioner. He has been alleged as member of unlawful assembly. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Naubatpur P.S. Case No. 250 of 2023, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) Khushbu/- U T