Patna High CourtCR. MISC./44396/2023bail granted

Jitendra Kumar @ Jitendra Yadav v. The State Of Bihar

2023-08-02Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44396 of 2023 Arising Out of PS. Case No.-41 Year-2022 Thana- TEYAR District- Bhojpur ====================================================== JITENDRA KUMAR @ JITENDRA YADAV S/O VIRENDRA SINGH @ VIRENDRA YADAV R/O VILLAGE- MUNUDEHARI PS. TIYAR, DIST. BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Tiyar P.S. Case No. 41 of 2022 dated 25.03.2022 registered for the offences punishable u/ss 302 and 304 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, it is alleged that all the

Patna High Court CR. MISC. No.44396 of 2023(2) dt.02-08-2023 2/3 accused persons including this petitioner fired indiscriminately on the informant. It is further alleged that the accused persons also took away the associate of the informant, namely, Ramji Yadav and killed him.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused persons have already been granted bail by the Coordinate Bench of this Court vide order dated 25.11.2022 passed in Cr. Misc. No. 46322 of 2022. The petitioner is accused in five other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 18.04.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhojpur, Ara in connection with Tiyar P.S. Case No.

Patna High Court CR. MISC. No.44396 of 2023(2) dt.02-08-2023 3/3 41 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T