Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52100 of 2017 Arising Out of PS.Case No. -37 Year- 2013 Thana -AMBA District- AURANGABAD ====================================================== Jitendra Yadav Son of Mangaldeo Yadav, Resident of Village-Dalpatpur, P.S.-Hariharganj, District-Plamu .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Amba P.S. Case No. 37 of 2013 registered under Section 302/34 of the Indian Penal Code. Son of the informant, namely, Anil Kumar is said to have died in the tempo accident, but the informant has claimed the hand of the petitioner, Saroj Ranjan Gupta and Rinki Gupta in the murder of his son.

It is submitted by learned counsel for the petitioner that there is no eye witness of the occurrence. The petitioner has been falsely implicated in the case merely on suspicion over animosity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been

Patna High Court Cr.Misc. No.52100 of 2017 (3) dt.22-12-2017 2/2 languishing in custody since 28.06.2017.

On the other hand, learned APP submitted that the witnesses in Paragraphs 27, 28 and 29 of the case diary have stated that the petitioner Jitendra Yadav divulged them that scuffle took place between Anil Kumar and Rinki Gupta in which Anil Kumar became injured and succumbed to his injury on the way to hospital.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged 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 Chief Judicial Magistrate, Aurangabad in connection with Amba P.S. Case No. 37 of 2013.

(Prakash Chandra Jaiswal, J) Mishra/- U T