Jitendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52813 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -KAHAIYA District- MUZAFFARPUR ====================================================== Jitendra Bhagat Son of Satrughan Bhagat Resident of Village Jasauli, P.S. Kathaiya, District Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Nachiketa Jha For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

11-12-2015 Heard Sri Nachiketa Jha, learned counsel for the petitioner and Sri Anil Kumar Singh, learned Addl. Public Prosecutor.

The petitioner, who is in custody in Kathaiya P.S. Case No. 52 of 2015 registered for the offence under Section 307 & other allied sections of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that though, in the F.I.R., it was alleged that the petitioner and one another gave knife blow on the head of the informant, no injury report has been brought on record, which can be evident on perusal of the impugned order dated 26-09-2015. The F.I.R. was lodged on 21-06-2015, whereas, while bail petition was being

Patna High Court Cr.Misc. No.52813 of 2015 (2) dt.11-12-2015 2/2 considered by the learned Addl. Sessions Judge on 26-09-2015, it has been noticed that injury report was not produced. Moreover, it has been argued that the petitioner has falsely been implicated due to the reason that grand father of the petitioner namely Ram Bilash Bhagat had lodged an F.I.R. against the informant of the present case and others, in which, the petitioner was one of the witness, the present case has been lodged.

In view of the facts and circumstances, let the petitioner namely Jitendra Bhagat be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S.K.Jha, learned Judicial Magistrate 1st Class, Muzaffarpur/concerned court in connection with Kathaiya P.S. Case No. 52 of 2015. (Rakesh Kumar, J.) Anay U T