Jitendra Prasad @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66212 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- TARAIYA District- Saran ====================================================== JITENDRA PRASAD @ JITENDRA KUMAR S/O NAGINA PRASAD R/O VILLAGE- BAHRAULI, P.S- MASHRAKH, DISTT.- SARAN AT CHAPRA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-10-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Taraiya P.S. Case no. 7 of 2023 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, three accused persons overtook the Tata Magic pickup vehicle of the informant and dispossessed him of the vehicle along with the goods loaded thereon.

4. It is submitted by learned counsel for the petitioner that the F.I.R was registered against five unknown. Referring to the order of the learned trial Court, it is submitted that the name of the petitioner transpired in course of investigation in the confessional statement of co-accused Hari Kishore Prasad,

Patna High Court CR. MISC. No.66212 of 2023(2) dt.16-10-2023 2/2 Rohit Kumar and Anup Kumar. Neither any incriminating article has been recovered from the petitioner's possession nor has he been put on T.I. parade. He is in custody since 17.3.2023 and charge-sheet has been submitted in the case.

5. Heard learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, the nature of material that has transpired in course of investigation as is evident from the order of the learned trial Court rejecting the application for bail of the petitioner, no incriminating article having been recovered from the petitioner's possession and charge-sheet having been submitted in the case without putting the petitioner on T.I parade inspite of his being in custody since 17.3.2023, the petitioner is directed to be enlarged on bail in connection with Taraiya P.S. Case no. 7 of 2023 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 Additional Chief Judicial MagistrateI, Saran at Chapra. (Partha Sarthy, J) Shiv/- U T