Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68806 of 2021 Arising Out of PS. Case No.-595 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Jitendra Kumar, S/o Hari Chaudhary, R/o Mohalla- Horilganj Jehanabad, P.S. and District- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiw Kumar Prabhakar. Advocate For the Opposite Party/s :
Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned APP for the State through video conferencing.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Jehanabad P.S. Case No. 595 of 2021 registered for the alleged offences under Sections 448/ 341/ 323/ 354/ 379/ 504 /506/ 427 IPC and Section 37(C) of Bihar Prohibition and Excise Act.
The allegation against the petitioner is that he entered into the house of the informant in drunken condition and misbehaved with the wife and the sister of the informant and also snatched a chain from them. Earlier also, he broke the
Patna High Court CR. MISC. No.68806 of 2021(3) dt.15-07-2022 2/3 CCTV Camera of the informant.
Learned counsel for the petitioner submits that the informant is not the eye witness as is apparent from the FIR. Other allegations are simply false as he has neither entered into the house of the informant nor taken away any chain from the wife or sister of the informant. It is also false to allege that he was in drunken condition. Actually it is a case of highhandedness of the police on behalf of influential people like the informant that the petitioner has been arraigned in the case. The charge sheet has been submitted in this case and he is in custody since 20.09.2021.
Learned APP opposes the prayer for bail submitting that the petitioner has been made as an accused in another case. Having regard to the submissions made hereinabove and considering the fact that charge sheet has been submitted and the petitioner is in custody since 20.09.2021, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Sessions Judge-II-cum-Special Judge, Excise, Jehanabad, in connection with Jehanabad P.S. Case No. 595 of 2021, subject to the following conditions :
Patna High Court CR. MISC. No.68806 of 2021(3) dt.15-07-2022 3/3 (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One bailor will be the deponent, who has sworn the affidavit, and another bailor will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below.
(iv) In case of absence for three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T