Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14445 of 2016 Arising Out of PS.Case No. -13 Year- 2016 Thana -MOTIPUR District- MUZAFFARPUR ====================================================== Jitendra Kumar son of Sri Ramnath Singh, resident of village- Bishunpur Patti, P.S.- Sahebganj, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Upendra Kumar Chaubey, Advocate For the Opposite Party/s : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1b)a, 26(ii), 35 of the Arms Act. One country made loaded Katta along with one live cartridge and mobile phone are said to have been recovered from conscious possession of the petitioner when petitioner and others had assembled to make preparation for committing dacoity. Petitioner does not have any criminal antecedent and is languishing in jail custody since 22.1.2016.

Contention on behalf of the petitioner is that the petitioner was caught on mere suspicion and as a matter of fact, no

Patna High Court Cr.Misc. No.14445 of 2016 (2) dt.07-04-2016 2/2 recovery was made from conscious possession of the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, West Muzaffarpur in connection with Motipur P.S. Case No.13 of 2016. (Hemant Kumar Srivastava, J) N.H./- U T