Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78647 of 2024 Arising Out of PS. Case No.-82 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== Jitendra Kumar S/o Babulal Singh Resident of Village- Pachgachhiya Hathiya Tola, PS- Bathnaha DIstrict - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 412, 34 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

3. The prosecution case in short is that the petitioner and one another co-accused person were apprehended by the police and on search two live cartridges were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that though the petitioner is named in the FIR but anything have been recovered from his possession. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. He submits that there is no specific overt act against the petitioner.

Patna High Court CR. MISC. No.78647 of 2024(2) dt.10-01-2025 2/2 He submits that the similarly situated co-accused has already been granted bail by this Court vide order dated 06.12.2024 passed in Cr. Misc. No. 52803 of 2024. He further submits that petitioner has four criminal antecedents as stated in para-3 of the bail application and he is languishing in judicial custody since 02.07.2024.

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

6. Considering the facts and circumstances of the case, let the above named petitioner, be enlarged on bail 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 Chhauradano (Mahuwa) P.S. Case No. 82 of 2024, subject to the condition that the petitioner shall co-operate in the trial and if he fails to appear on two consecutive dates his bail bonds shall be liable to be cancelled.

(Anjani Kumar Sharan, J) devendra/- U T