Jitendar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38228 of 2023 Arising Out of PS. Case No.-781 Year-2022 Thana- GARDANIBAG District- Patna ====================================================== JITENDAR KUMAR Son of Ram Lagan Rai @ Ram Lakhan Rai Resident of Village - Pahleja, Sonepur Diyara, P.S.- Sonepur, District - Saran at Chapra (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Niranjan Parihar, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 12-07-2023 Heard learned counsel appearing on behalf of the parties.
The petitioner seeks bail in connection with Gardanibagh P.S. Case No. 781 of 2022 registered for the offence under Section 379 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 06.03.2023.
The allegation against the petitioner is to commit theft, while committing so, taken away a Scorpio vehicle belongs to informant, along with other co-accused persons. Learned counsel appearing on behalf of the petitioner submitted that name of petitioner surfaced in present case, on the basis of confessional statement of apprehended oc-accused
Patna High Court CR. MISC. No.38228 of 2023(2) dt.12-07-2023 2/3 person, namely, Nikhil Mishra, where, in furtherance of no incriminating materials recovered/surfaced against this petitioner, as to connect him, prima facie, with present occurrence of theft. It is submitted that petitioner was not put on TIP, as yet. It is submitted that petitioner named with present FIR, out of suspicion, arises out of his criminal antecedents also as he found involved in 05 more criminal cases, where, he is on bail and in maximum of cases, he was implicated on the basis of confessional statement of co-accused, as of present case. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has already submitted, as such, there is no chance of tampering with the evidence.
Learned APP appearing on behalf of the State, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above and by taking note of fact that save and except suspicion, arises out of criminal antecedents, no incriminating material surfaced/recovered, during course of investigation, against this petitioner coupled with the fact that charge-sheet has already been submitted, where, petitioner is in custody since 06.03.2023, let the petitioner, above named, is directed to be
Patna High Court CR. MISC. No.38228 of 2023(2) dt.12-07-2023 3/3 released on bail in connection with Gardanibagh P.S. Case No. 781 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J) S.Katyayan/- U T