Patna High CourtCR. MISC./51620/2019bail granted

Jitendra Kumar v. The State Of Bihar

2019-10-25Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51620 of 2019 Arising Out of PS. Case No.-53 Year-2019 Thana- ARWAL District- Jehanabad ====================================================== JITENDRA KUMAR Son of Ishwar Dayal Singh Resident of Village - Rampur Waina, P.O.- Rampur Waina, P.S.- Parasi, Dist.- Arwal,. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 09.06.2019 has filed the instant application for grant of bail in connection with Arwal P.S. Case No. 53 of 2019 (District-Arwal) registered for the offence punishable under sections 25(1-B)a, 26 and 35 of the Arms Act and section 414 of the Indian Penal Code. As per the allegation in the FIR, on seeing the police personnel, two persons attempted to escape of which one person was caught and a loaded country made pistol was recovered from his possession. It is further stated that the other person who managed to escape was the petitioner. It is submitted by learned counsel for the petitioner that the allegation against the petitioner in the F.I.R. are false

Patna High Court CR. MISC. No.51620 of 2019(5) dt.25-10-2019 2/2 and concocted. The F.I.R. named accused person who was caught at the place of occurrence and from whom recovery has been shown has already been enlarged on bail vide order dated dated 25.06.2019 passed in Cr.Misc.No. 38697 of 2019 and the petitioner is in custody since 09.06.2019.

The application for bail was opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner was not caught at the place of occurrence and the F.I.R. named coaccused has been enlarged on bail, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal in connection with Arwal P.S. Case No. 53 of 2019 (District-Arwal).

(Partha Sarthy, J) Bibhash/- U T