Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26062 of 2017 Arising Out of PS.Case No. -200 Year- 2017 Thana -NAWADA District- NAWADA ====================================================== Jitendra Kumar, Son of Sanjay Bhagat, Resident of Mohalla- Purani Bazar, P.S.- Nawada, District- Nawada.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks bail in connection with Nawada P.S. Case No. 200 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 188, 283, 337, 153(A) and 427 of the Indian Penal Code, Section 27 of the Arms Act, and Sections 3/ 4 of the Explosive Substances Act. The prosecution case, as lodged by the police personnel, is that during hoisting of Mahavir Flag, 500 persons of the two communities attacked each other, amongst which petitioner and some other accused persons were identified. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and has a

Patna High Court Cr.Misc. No.26062 of 2017 (2) dt.06-07-2017 2/2 shop where riot and stone pelting took place, hence, he has been falsely named in the First Information Report. It has further been submitted that other co-accused have since been granted the privilege of bail by coordinate Benches of this Court, one of them being Cr. Misc. No. 28097 of 2017 on 22.06.2017. However, learned A.P.P. for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Nawada P.S. Case No. 200 of 2017.

(Nilu Agrawal, J.) Arjun/- U T