Jitendra Ram @ Atuljee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61839 of 2022 Arising Out of PS. Case No.-111 Year-2021 Thana- DERNI BAZAR District- Saran ====================================================== JITENDRA RAM @ ATULJEE Son of Baharan Ram, Resident of Village - Badhichak (Dihi Sureman), P.S.- Maker, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Singh For the Opposite Party/s :

Mr.J.N.Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Derni P.S. Case No. 111 of 2021, registered for offence punishable under Sections 25 (1-b)a/26/35 of the Arms Act. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case merely on the basis of his criminal antecedents, as mentioned in paragraph 3 of the bail petition. In the present case, there is no evidence at all against him. As per FIR, co-accused Agnideo Ram had committed murder of owner of brick-klin and he confessed that he had concealed the pistol behind the bushes wherefrom that pistol was recovered, which is alleged to be

Patna High Court CR. MISC. No.61839 of 2022(6) dt.15-05-2023 2/3 leading to recovery. The said Agnideo Ram has been granted bail by a coordinate Bench of this Court in Cr. Misc No. 27034 of 2022 and even the arms were not recovered from the possession of the petitioner. For allegation of murder of owner of brick-klin, a separate case has been filed, which is Derni P.S. Case No. 99 of 2021 in which the petitioner is on bail. On the other hand, Mr. J. N. Thakur, the learned APP has opposed the prayer for bail and submitted that co-accused Agnideo Ram has also named the petitioner in his confessional statement.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of Sri Sushant Sagar, learned Judicial Magistrate 1st Class, Saran at Chhapra in connection with Derni P.S. Case No.111 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have

Patna High Court CR. MISC. No.61839 of 2022(6) dt.15-05-2023 3/3 liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T