Jitendra Kumar @ Jittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39971 of 2023 Arising Out of PS. Case No.-220 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== JITENDRA KUMAR @ JITTU KUMAR Son of Ramswaroop Sah Resident of village- Abjuganj, P.S. - Sultanganj, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritik Shah Mr. Madan Mohan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with S.T. No. 458 of 2022 arising out of Sultanganj P.S. Case No. 220 of 2021 dated 30.9.2021 registered for the offence punishable u/s 395, 397 of the Indian Penal Code.

As per the prosecution case, 6-7 unknown miscreants entered the Central Cooperative Bank Limited and they assaulted the staff of the Bank. Further, they looted Rs. 28 lakhs

Patna High Court CR. MISC. No.39971 of 2023(2) dt.12-07-2023 2/3 from the iron shelf and Rs. 1,22,206/- from the cash counter. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Ramswaroop Sah who is the father of the petitioner. The co-accused person has already been granted bail by the Coordinate Bench of this Court vide order dated 19.6.2023 passed in Cr. Misc. No. 2111 of 2023. The petitioner is accused in four other criminal cases in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 10.8.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with S.T. No. 458 of 2022

Patna High Court CR. MISC. No.39971 of 2023(2) dt.12-07-2023 3/3 arising out of Sultanganj P.S. Case No. 220 of 2021. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T