Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51429 of 2017 Arising Out of PS.Case No. -143 Year- 2017 Thana -KUDRA District- BHABHUA (KAIMUR) ====================================================== Jitendra Kumar Son of Baliram Ram, Resident of Village- Bahuara, P.S.- Kudra, District- Kaimur at Bhabua.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Tribhuwan Narayan, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 22.07.2017 in connection with Kudra P.S. Case No. 143 of 2017 for the offences alleged under Sections 341, 342, 323, 307, 504 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of the past dispute between the parties as the informant is the Headmaster of Upgraded Middle School Bahuara, Block Kudra and the petitioner is the President of Vidyalaya Shiksha Samittee. It is further submitted that he is merely said to be an order giver and no specific assault is attributed to him. It is further submitted that there is no injury report in connection with this case.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Kudra P.S. Case No. 143 of 2017, on the

Patna High Court Cr.Misc. No.51429 of 2017 (3) dt.09-11-2017 2/2 following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Chandran U T