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Patna High CourtCR. MISC./70843/2023bail granted

Jitendra Rajbanshi v. The State Of Bihar

2023-11-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70843 of 2023 Arising Out of PS. Case No.-341 Year-2022 Thana- GOVINDPUR District- Nawada ====================================================== Jitendra Rajbanshi Son Of Bhuneshwar Rajbanshi Village- Bishunpur PsGovindpur Distt- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Govindpur P.S. Case No.341 of 2022, lodged on 15.09.2022, under Sections 302/201/34 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against unknown accused persons.

4. Learned counsel for the petitioner submits that name of the petitioner figured in this case by virtue of confessional statement of Upendra Rajvanshi the co-accused of this case. He submits that a co-ordinate Bench of this Court has granted bail to co-accused Upendra Rajvanshi vide order dated 26.04.2023 passed in Cr. Misc. No.462 of 2023. Counsel further submits that antecedent of the petitioner is clean and he is in

Patna High Court CR. MISC. No.70843 of 2023(2) dt.07-11-2023 2/3 custody since 23.06.2023.

4. Learned counsel for the State opposes the prayer for bail.

5. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah, in connection with Govindpur P.S. Case No.341 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or

Patna High Court CR. MISC. No.70843 of 2023(2) dt.07-11-2023 3/3 promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T