Jitendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60703 of 2024 Arising Out of PS. Case No.-359 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== Jitendra RaI Son of Jai Kumar Rai Village-Kohbarwa Ps- Sonebarsa DistSitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pushpendra Kumar Singh, Advocate :
Smt. Divya Bharti, Adv For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sonbarsa P.S. Case No. 359 of 2023 dated 03.12.2023 registered for the offences punishable u/ss 365 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the co-accused, Rajesh Mahto along with 3 to 5 unknown miscreants are alleged to have abducted the father of the informant in front of his medical shop.
Patna High Court CR. MISC. No.60703 of 2024(2) dt.05-09-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused, Dharman Paswan. The statement of the victim recorded under Section 164 Cr.P.C. has not stated the name of the petitioner in the alleged crime. The T.I.P. has not been conducted by the prosecution. Similarly situated co-accused has already been granted bail by this court vide order dated 25.06.2024 passed in Cr. Misc. No. 42524 of 2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 03.04.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sonbarsa P.S. Case No. 359 of 2023.
Patna High Court CR. MISC. No.60703 of 2024(2) dt.05-09-2024 3/3
7. The application stands allowed (Chandra Prakash Singh, J) Jyoti/- U T