Jitendra Kumar @ Jitu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64892 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- NEMDARGANJ District- Nawada ====================================================== 1.
JITENDRA KUMAR @ JITU Son of Ramswroop Yadav R/o vill - Cheta Bigha, P.s. - Nemdarganj, Distt. - Nawada 2.
Vikash Kumar Son of Ramswroop Yadav R/o vill - Cheta Bigha, P.s. - Nemdarganj, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey For the Opposite Party/s :
Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-01-2024 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in a case in connection with Nemdarganj P.S. Case No. 36 of 2023, registered for the offences punishable under Sections 447, 341, 323, 324, 307, 354(B), 379, 385, 504, 506, 34 of the Indian Penal Code.
3. As per F.I.R., allegation against the petitioner no. 1 is that he assaulted the informant dewar namely Ajay Kumar and injury was found to be grievous in nature and allegation against petitioner no. 2 is that he assaulted the informant Saroj
Patna High Court CR. MISC. No.64892 of 2023(4) dt.22-01-2024 2/3 Devi and injury was found to be simple in nature.
4. It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in the present case. Petitioners have got no criminal antecedent mentioned in Para 3 of the bail application. He further submits that there is case and counter case between the parties and also admitted land dispute between the parties.
5. Learned APP for the State has opposes the prayer for bail.
6. Considering the arguments of the parties and also the nature of offence against the petitioner no. 1 and injury was found to be grievous in nature, I am not inclined to grant anticipatory bail to the petitioner no. 1.
7. Hence, the prayer for anticipatory bail of the petitioner no. 1 stands rejected.
8. Having regard to the facts and circumstances of the case and also the nature of injury was found to be simple in nature, let the above named petitioner no. 2, be released on bail, in the event of his arrest, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending/ successor Court in connection with
Patna High Court CR. MISC. No.64892 of 2023(4) dt.22-01-2024 3/3 Nemdarganj P.S. Case No. 36 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Ranjeet/- U T