Jitu Kumar @ Mahadev v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55257 of 2015 Arising Out of PS.Case No. -992 Year- 2014 Thana -KHAZANIHAT District- PURNIA ====================================================== Jitu Kumar @ Mahadev, son of Gopal Mandal, .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 34 of the Indian Penal Code.

It is alleged that the driver of the informant was assaulted by co-accused Munna Bhagat and 2-3 unknown accused persons. The accused persons also assaulted his friend Chandan Kumar. It is further alleged that from informant Rs.35000/-, Mobile phone, Pan Card and other papers and from informant's friend Chandan Kumar Rs.6000/- and mobile phone were snatched by the accused persons.

It is submitted by learned counsel for the petitioner that petitioner was not named in the First Information Report. Though, his name subsequently sprang up during investigation but nothing

Patna High Court Cr.Misc. No.55257 of 2015 (2) dt.07-12-2015 2/2 has been recovered from his possession. Moreover, a statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on provisional anticipatory bail for three months, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Purnea in connection with K. Hat (Sahayak) P.S. Case No.992 of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

The provisional bail of the petitioner will be confirmed by the learned court below on verification of the fact that during investigation nothing substantive has surfaced against the petitioner otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) Ashwini/- U T