Jitendra Kumar @ Jitan Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43510 of 2017 Arising Out of PS.Case No. -14 Year- 2017 Thana -SONBERSA District- SAHARSA ====================================================== Jitendra Kumar @ Jitan Paswan Son of Mahavir Paswan, resident of Village- Bhada, P.S. Sonbarsa Raj, District- Saharsa. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Amarnath Jha, Adv. For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sonbarsa Police Station Case No. 14 of 2017 registered for offence punishable under section 392 of the Indian Penal Code. It has been submitted on behalf of the petitioner that petitioner is not named in the FIR. The case is under section 392 of the FIR. The name of the petitioner transpired in confessional statement of co-accused, Chandan Kumar, who has been allowed bail by a coordinate Bench of this Court in Criminal Miscellaneous No. 31719/2017 on 14.07.2017. Further submission is that except confessional statement, there is nothing against the petitioner. He has not been put on T.I.P. and there is no recovery

Patna High Court Cr.Misc. No.43510 of 2017 (2) dt.20-09-2017 2/2 from his possession. He is in custody since 15.03.2017. Considering the fact that the case of the petitioner is similar to the case of co-accused who has been allowed bail by a coordinate Bench of this Court in Cr. Misc. No. 31719 of 2017 on 14.07.2017, let the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Sonbarsa Raj Police Station Case No. 14 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T