Jitendra Kumar @ Bittu Kumar @ Jitu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31861 of 2017 Arising Out of PS.Case No. -114 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Jitendra Kumar @ Bittu Kumar @ Jitu Kumar Son of Sri Ram Balak Sahni, Resident of Village-Kanti Factory Road Near Shiv Mandir, Police Station-Agam Kuan, District-Patna.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Lalan Kumar, Advocate. For the Opposite Party : Mr. Ram Chandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody since 15.03.2017 in connection with Kadam Kuan P.S. Case No. 114 of 2017 for the offences alleged under Sections 461, 379, 411 and 401 of the Indian Penal Code.
3. It is submitted that the petitioner has been falsely implicated in connection with alleged recovery of Timex watch and Samsung mobile phone, which are claimed to be the petitioner's own property. Co-accused Raju Kumar from whose possession a katta is said to have been recovered and so also co-accused Deepak Kumar from whose possession an amount of Rs. 2,000/- is said to have been recovered, they both have been granted bail by the learned court below itself. The petitioner is on bail in both the prior cases in which he has been made accused.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-
Patna High Court Cr.Misc. No.31861 of 2017 (2) dt.13-07-2017 2/2 (ten thousand) with two sureties of like amount each to the satisfaction of Sri Om Prakash VI, learned Sub-Judge-VIIIth cum A.C.J.M., Patna, in connection with Kadam Kuan P.S. Case No. 114 of 2017, G.R. No. 1751 of 2017, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Vikash Jain, J) Md. Ibrarul/- U T