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Patna High CourtCR. MISC./69934/2024allowed

Jitendra Ray @ Jitendra Rai v. The State Of Bihar

2024-10-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69934 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Jitendra Ray @ Jitendra Rai S/o- Late Dharmnath Prasad Village- Jalalpur Brahampur Ps- REvelganj Dist- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 379, 354, 427, 504, 34 of the Indian Penal Code.

3. Allegedly, all the FIR named accused persons including the petitioner are said to have abused and assaulted the informant brutally by means of deadly weapons due to which he sustained injuries. It is further alleged that in course of alleged occurrence, petitioner took away Rs. 7000/- from the informant's pocket.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place.

Patna High Court CR. MISC. No.69934 of 2024(2) dt.21-10-2024 2/2 Petitioner has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is admitted land dispute between the parties and only with a view to encroach the road, the petitioner and his whole family have been made accused in the present case by the informant. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chapra Muffasil P.S. Case No. 276 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T