Jeetendra Kumar @ Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61348 of 2022 Arising Out of PS. Case No.-177 Year-2021 Thana- RAJEPUR District- East Champaran ====================================================== Jeetendra Kumar @ Jitendra Kumar Son of Arjun Rai @ Arjun Ray R/VMolanapur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-02-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Rajepur P.S. Case No. 177 of 2021 arising out of G.R. Case No. 6270 of 2021 registered for the offences punishable under Sections 302, 120(B)/34 of the Indian Penal Code. As per the prosecution, the informant's son was

Patna High Court CR. MISC. No.61348 of 2022(3) dt.15-02-2023 2/3 strangulated to death by this petitioner and other co-accused persons.

The main submissions advanced by the learned counsel Mr. Binay Kumar for the petitioner are that the whole prosecution story narrated in the FIR is completely based on presumption and suspicion and there is no eye-witness of the alleged murder and one co-accused namely, Arjun Ray @ Arjun Rai has been granted bail by a co-ordinate bench of this court vide order passed in Cr. Misc. No. 23299 of 2022 and the petitioner has been languishing in jail since 16.11.2021. Learned APP Mr. Bhanu Pratap Singh appearing for the State has opposed the bail prayer.

Having considered the above submissions and mainly the facts that as per the FIR the informant mainly raised suspicion against the petitioner in the FIR and as per the prosecution's story there was no eye-witness to the alleged murder and petitioner has been languishing in jail since 16.11.2021 and one named co-accused has been granted bail by a co-ordinate bench of this court, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two

Patna High Court CR. MISC. No.61348 of 2022(3) dt.15-02-2023 3/3 sureties of the like amount each to the satisfaction of the concerned Court in connection with Rajepur P.S. Case No. 177 of 2021 arising out of G.R. Case No. 6270 of 2021. (Shailendra Singh, J) Rajiv/- U T