Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47598 of 2019 Arising Out of PS. Case No.-236 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== JITENDRA KUMAR, Son of Laxmi Kumar @ Laxmichand Yadav Resident of Village - Baswanbigha, P.S.- Bihar, District- Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. A.K. Thakur, Advocate Mr.Babita Kumari, Advocate For the Opposite Party/s :

Mr. A.M.P. Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case no. 236 of 2018, registered under Sections 147, 148, 149, 448, 384, 302 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that on 24.05.2018, Sudal Kumar, son of the informant, heard the sound of firing then he came out from the house and saw 14 persons named in the F.I.R., including the petitioner, present there and they asked to Sudal Kumar for spent money. When Sudal Kumar made protest then on the instigation of Yogendra Yadav, Bipin Yadav, Baran yadav, Rajiv Ranjan Kumar, Raviranjan Kumar Lalan Kumar and Anil Yadav, Lal Bahadur Yadav shot fire through pistol casing injury at the head of Sudal Kumar, who fell down.

Patna High Court CR. MISC. No.47598 of 2019(2) dt.31-07-2019 2/2 Thereafter, Sudal Kumar, son of the informant, was rushed for treatment at Sadar Hospital, Bihar Sharif, but he died. Learned counsel for the petitioner submits that while petitioner is named in the F.I.R. along with 13 others, but no specific overt act has been attributed against the petitioner. Moreover, after investigation, the Police submitted Chargesheet against seven persons, but submitted Final Form against the petitioner showing him innocent. But learned cognizance taking Court took cognizance against the petitioner differing with the Final Form. The petitioner has no criminal antecedent.

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 four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Bihar P.S. Case No. 236 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T