Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49600 of 2019 Arising Out of PS. Case No.-76 Year-2019 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Jitendra Kumar Son of Alagu Mahto Resident of Village- Belaur,P.S.- Udwantnagar, District- Bhojpur ... Petitioner

Versus

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

For the Petitioner :

Mr.Manoj Kumar, Advocate For the Opposite Party :

Mr.Bhanu Pratap Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-11-2019 Heard learned counsel for the petitioner as well learned counsel for the State and perused the case diary. Petitioner is an accused in a case registered for the offence punishable under sections 384/386/34 of the Indian Penal Code and under the Arms Act on the allegation that he and other accused persons were engaged in collecting money from the vehicles for construction of road and they assaulted the drivers who did not pay the said money.

Learned counsel for the petitioner submits that the petitioner is in custody since 26.2.2019 and there is allegation of assault by lathi and danda. Further, the petitioner was found to be collecting a meager amount of Rs.10/- Rs.20/- and Rs.50/- for repairing of road. Petitioner has got no criminal antecedent. In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner,

Patna High Court CR. MISC. No.49600 of 2019(3) dt.06-11-2019 2/2 mentioned above, be released on bail 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, Bhojpur in Udwant Nagar Police Station Case No. 76 of 2019 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T