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Patna High CourtCR. MISC./55344/2022allowed

Jitendra Kumar @ Jitentra Kumar Singh @ Jiten v. The State Of Bihar

2023-03-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55344 of 2022 Arising Out of PS. Case No.-230 Year-2014 Thana- UCHKAGAON District- Gopalganj ====================================================== Jitendra Kumar @ Jitentra Kumar Singh @ Jiten Son Of Swaminath Singh R/V- Naya Tola (keratal Pachauri), P.S- Muffasil Siwan, Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 302, 120B, 379 of the Indian Penal Code and Section 27 of the Arms Act. As per prosecution case, informant alleged that his husband has been murdered and looted by the petitioner along with other co-accused persons.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused namely, Sanjay Kumar which is mentioned in para-56 of the case diary. It is also submitted that there is no eye witness and consistent material

Patna High Court CR. MISC. No.55344 of 2022(3) dt.16-03-2023 2/2 found in respect of the commission of offence by the petitioner. The petitioner is not named in the FIR. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 16.06.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Uchkagaon P.S. Case No. 230 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,-IX, Gopalganj.

(Sunil Kumar Panwar, J) Manish/- U T