Jitendra Dash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8659 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- KESARIA District- East Champaran ====================================================== JITENDRA DASH, aged about 25 years (Male), S/o Bhaju Das, Resident of Village Trilokwa, P.S. Kesariya, District - East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar No.IIII, Advocate For the Opposite Party :

Mr. Aditya Narayan Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Kesariya P.S. Case No. 251/2020 for the offence registered under Sections 147, 148, 149, 341, 323, 324, 307, 354(A)(B), 379, 504 and 506 of the I.P.C. The prosecution story, in brief, is that the petitioner and others abused and assaulted the informant and his mother. It

Patna High Court CR. MISC. No.8659 of 2021(2) dt.28-02-2022 2/3 is also alleged that accused persons took Rs. 5500/- from the informant and also snatched gold chain worth Rs. 28,000/- from the neck of the informant's mother.

It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is case and counter case between the parties. Free fight is alleged to have taken place between the parties. Injury on the side of accused persons has not been explained by the prosecution. The prosecution has not come with clean hands.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-3, Motihari, East Champaran, in connection with Kesariya P.S. Case No. 251 of 2020, subject to

Patna High Court CR. MISC. No.8659 of 2021(2) dt.28-02-2022 3/3 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T