Jitendra Kumar @ Bullu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72938 of 2022 Arising Out of PS. Case No.-94 Year-2021 Thana- BELCHHI District- Patna ====================================================== Jitendra Kumar @ Bullu Son Of Late Rajballam Prasad R/O Village- Naya Tola Sangatpur, P.S.- Bakhtiarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivam, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Belchhi P.S. Case No. 94 of 2021 registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code.

As per the prosecution, two male persons and one female came at the Grahak Seva Kendra of informant by practicing fraud took away Rs. 40,000/- from the hand of the informant and ran away.

Learned counsel for the petitioner submits that the petitioner is innocent who was not named in the F.I.R. and has

Patna High Court CR. MISC. No.72938 of 2022(2) dt.29-04-2023 2/3 been falsely implicated in this case. The petitioner was in jail custody in connection with Muzaffarpur Sadar P.S. Case No. 605 of 2021 since 15.11.2021 and was granted bail in that case vide order dated 21.01.2022 in B.P. No. 2182 of 2021 by the learned Sessions Judge, Muzaffarpur and the alleged occurrence is said to have taken place on 24.12.2021 when the petitioner was in jail custody accordingly, it is not possible that he may be involved in the occurrence. The petitioner was remanded in the present case on 28.04.2022 on the basis of confessional statement before the police having no evidentiary value. Learned A.P.P. for the State opposed the prayer for regular bail of the petitioner and submits that petitioner has criminal antecedent.

Considering the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing of bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Court concerned in connection with G.R. Case No. 1942 of 2021 arising out of Belchhi P.S. Case No. 94 of 2021 subject to the condition as laid down under : (a) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.72938 of 2022(2) dt.29-04-2023 3/3 concerned.

(b) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court. (c) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sunil Dutta Mishra, J) shweta/- U T