Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58372 of 2023 Arising Out of PS. Case No.-634 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== Jitendra Kumar, S/O Late Lal Babu Singh, R/O Yogiya Toli, Yarpur, Ps. Gardanibagh, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh No.1, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Gandhi Maidan P.S. Case No. 634 of 2022 registered for the offences punishable under Sections 406, 420, 506/34 of the Indian Penal Code.
3. As per the prosecution case, deceased father of the informant had distributed his property amongst his five sons, whereafter all the brothers had taken possession of their respective shares in the property in question, however, the elder brother of the informant namely Braj Kishore Sinha has circumspectly sold 10 dhurs of the land which was in his share to the petitioner and two other persons.
4. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.58372 of 2023(2) dt.20-09-2023 2/3 the petitioner is innocent and he has been falsely implicated in the present case. The learned counsel for the petitioner has further submitted that the petitioner is a bonafide purchaser. He further submits that similarly situated two co-accused persons have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 19.08.2023 passed in Cr. Misc. No. 51030 of 2023.
5. Learned APP for the State opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account that other similarly situated co-accused persons have been granted anticipatory bail by the coordinate Bench, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.
7. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of S.D.J.M. Patna in connection with Gandhi
Patna High Court CR. MISC. No.58372 of 2023(2) dt.20-09-2023 3/3 Maidan PS case no. 634 of 2022, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Sunil Dutta Mishra, J) khushbu/- U T