Jitendra Kumar @ Jitendra Kumar Jayshwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43584 of 2023 Arising Out of PS. Case No.-258 Year-2019 Thana- PIRPAINTI District- Bhagalpur ====================================================== JITENDRA KUMAR @ JITENDRA KUMAR JAYSHWAL SON OF ROOPCHAN BHAGAT @ MANTU JAISWAL RESIDENT OF VILLAGE - MEHARPUR, PS- PIRPAINTY, DISTT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajeev Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 341 , 323 , 448 , 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, this petitioner is alleged to have snatched golden chain from the informant.

4. It is submitted that both the informant and petitioner is own brother and sister and due to petty family dispute this false and concocted case has been lodged against this petitioner. It is further alleged that no such occurrence has ever taken place as alleged in the prosecution . It is further submitted that there is delay of 35 days in lodging the FIR for

Patna High Court CR. MISC. No.43584 of 2023(4) dt.13-12-2023 2/2 which there is no plausible explanation which itself creates doubt over the entire prosecution . Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the inordinate delay in lodging the FIR and other circumstances and facts of the case , in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Chief Judicial Magistrate , Bhagalpur in connection with Pirpainty P.S. case No. 258 of 2019, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Koushik/- U T