Jitan Rai @ Jitan Yadav @ Potan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36462 of 2020 Arising Out of PS. Case No.-48 Year-2020 Thana- KOPA District- Saran ====================================================== JITAN RAI @ JITAN YADAV @ POTAN son of LATE DHANU YADAV Resident of Village- Natwar Semaria, P.S.- Revilganj, District- Saran at Chapra (Bihar).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-03-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.
The petitioner is apprehending his arrest in a case registered under Sections 379, 511, 120(B) of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. Allegation is that one loaded country made pistol and two live cartridges are recovered.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the
Patna High Court CR. MISC. No.36462 of 2020(2) dt.26-03-2021 2/2 petitioner. The petitioner has falsely been implicated in the present case. The name of petitioner has transpired in this case on disclosure made by co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. It is alleged that one country made pistol and two live cartridges are recovered from the co-accused. No arms or ammunition is said to have been recovered from the possession of the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Vth Additional Chief Judicial Magistrate, Saran at Chapra in connection with Kopa P.S. case No.48 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Narendra/- (Sudhir Singh, J) U T