Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49579 of 2024 Arising Out of PS. Case No.-71 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== 1.
Jitendra Kumar SON OF MAHENDRA RAI VILLAGE- BAGHRA MOHANPUR, PS- MOHANPUR, DIST- SAMASTIPUR 2.
RAHUL KUMAR SON OF BAIDYANATH RAY VILLAGE- BAGHRA MOHANPUR, PS- MOHANPUR, DIST- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivjee Singh, Adv.
For the Opposite Party/s :
Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioners and learned A.P.P for the State.
2. The petitioners have preferred this application for grant of regular bail in connection with Mahnar P.S. Case No. 71 of 2024 dated 23.03.2024 registered for the offences punishable u/s 394 of the Indian Penal Code.
3. As per the prosecution case, four unknown miscreants boarded on two motorcycles are alleged to have snatched the informant's motorcycle containing Rs. 1,50,000/- in the dicky and mobile phone. It is further alleged that they also assaulted the informant with the butt of the pistol on his mouth causing injury.
4. Learned counsel for the petitioners have submitted that the petitioners are innocent and have falsely been implicated
Patna High Court CR. MISC. No.49579 of 2024(3) dt.12-09-2024 2/2 in this case. The petitioners are not named in the FIR. The name of the petitioners have sprung up in this case in the self confessional statement of the petitioners. The petitioners were remanded in this case from Mahnar P.S. Case no. 80 of 2024. Nothing has been recovered from the conscious possession of the petitioners. The co-accused person has already been granted regular bail by this court vide order dated 06.08.2024 passed in Cr. Misc. No. 50969 of 2024. The petitioner no.1 has one criminal antecedent and petitioner no.2 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 26.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners abovenamed, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali at Hajipur in connection with Mahnar P.S. Case No. 71 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T