Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55036 of 2021 Arising Out of PS. Case No.-291 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== JITENDRA KUMAR S/o Bhagyanarayan Ray @ Bhagnrayan Ray R/o village- Belhiya Jhapahan, P.S.- Ahiyapur, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hari Kishore Thakur For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to previous grudge. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no material against the petitioner. The name of the petitioner transpired in this case on the confessional statement of co-accused Raja Kumar which has no evidentiary value in the eye of law.
I have perused the case diary and the supplementary
Patna High Court CR. MISC. No.55036 of 2021(3) dt.07-07-2022 2/2 case diary. From perusal of the case diary, it is clear that petitioner was not present at the place of occurrence but the said motorcycle belongs to the petitioner and the petitioner was made accused in this case on this sole ground. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ahiyapur P.S. Case No. 291 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T