Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48889 of 2019 Arising Out of PS. Case No.-96 Year-2016 Thana- WARISLIGANJ District- Nawada ====================================================== JITENDRA KUMAR Son of Ramotar Chaudhary Resident of Village - Bishunpur, P.S.- Pakribarawan, Dist.- Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar, Advocate For the Opposite Party/s :
Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking anticipatory bail in connection with Warisaliganj P.S. Case No. 96 of 2016 registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
Learned counsel for the petitioner submits that although the case is of the year 2016 and the petitioner is not named in the FIR, recently in the supplementary case diary only on the basis of an application submitted by the informant name of some other persons were involved in this case. The case of this petitioner is that his name has been brought on suspicion and similarly situated co-accused namely, Anil Chaudhary, Diwakar Kumar and Sri Chaudhary have been granted anticipatory bail by a learned co-ordinate Bench of this
Patna High Court CR. MISC. No.48889 of 2019(3) dt.16-11-2019 2/3 Court. Copy of the order passed in Cr. Misc. No. 21791 of 2017, Cr. Misc. No. 52498 of 2019 and Cr. Misc. No. 49121 of 2019 have been placed before this Court.
Learned APP for the State has perused the case diary and does not dispute the position that the case of the petitioner is similarly situated to the aforesaid accused persons. In the facts and circumstances of the case, let the petitioner above named in case of his arrest or surrender within a period of four weeks from today in connection with Warisaliganj P.S. Case No. 96 of 2016 be released on bail on furnishing of bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. II, Nawada, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. i.e. (i) a condition that the person shall make himself available for interrogation by a police officer as and when required;
(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;
Patna High Court CR. MISC. No.48889 of 2019(3) dt.16-11-2019 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) avin/- U T