Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39446 of 2020 Arising Out of PS. Case No.-292 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== Jitendra Kumar Son of Mahesh Singh Resident of Village- Pura, P. S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Sinha, Advocate For the State :

Ms. Pushpa Sinha APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Belaganj PS Case No.292 of 2020 instituted for the offence under Sections 147,148,149,341,323,384,504 and 506 of the Indian Penal Code.

The co-accused Karu Singh, Rishu Singh and Chhotu Singh along with 10 to 15 unknown persons, with firearms have stopped the informant's truck and demanded Rs. 50,000/-. It is alleged that they have snatched Rs. 10,000/-. The Police have arrived and arrested seven persons, including the petitioner. Petitioner's counsel submits that he is not a named accused. Others similarly situated as the petitioner have been allowed bail in Cr Misc Nos 33113 of 2020 and 40132 of 2020.

Patna High Court CR. MISC. No.39446 of 2020(2) dt.17-02-2021 2/2 His arrest and implication is on suspicion. The petitioner has become a victim of the circumstances. There is no recovery to suggest petitioner's implication in the case. He is in custody since 11.09.2020. As per para three of the petition he has no criminal antecedents.

The learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, let the petitioner, above named, be released 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 Additional Chief Judicial Magistrate-XI, Gaya, in connection with Belaganj PS Case No. 292 of 2020, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T