Jitendra Kumar @ Jitendra Singh @ Bhuleti Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47399 of 2023 Arising Out of PS. Case No.-33 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Jitendra Kumar @ Jitendra Singh @ Bhuleti Singh, aged about 30 years, Male, son of late Bhola Singh, R/O Village- Majhauan, PS- Ara Nagar, Dist. Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Singh, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Ara Nawada PS Case No.33 of 2023 dated 19.01.2023, instituted under Sections 380/34 of the Indian Penal Code.

3. The prosecution story, in short, is that the informant, who is a Security Guard in a security agency, was posted at Chandawa More between Girja More and the market of Basudha Singh. It is alleged that on the date of occurrence, in the night the informant had gone to take dinner and when he came back after taking dinner he saw the miscreants stealing articles from the store room. He caught one of them while others fled away threatening him. The informant found that the lock of the store room was broken and some machines were lying outside the boundary wall. The person who was caught

Patna High Court CR. MISC. No.47399 of 2023(2) dt.11-08-2023 2/2 disclosed his name as Nazim and also disclosed the name of the petitioner, who had fled away.

4. Learned counsel for the petitioner submits that the petitioner has been named in the FIR on the basis of the disclosure made by Md. Nazim. Nothing has been recovered from the possession of the petitioner. The petitioner is innocent and he has been implicated in this case by Nazim because of the dispute with regard to some amount of the petitioner which is due with Nazim. Learned counsel further submits that the petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara, in Ara Nawada PS Case No. 33 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Khatim Reza, J) J. Alam/- U T