Jitendra Kumar @ Jitendra Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73932 of 2018 Arising Out of PS. Case No.-43 Year-2012 Thana- JAMALPUR District- Munger ====================================================== Jitendra Kumar @ Jitendra Paswan, Son of Kamaldeo Paswan, Resident of Village & P.O. Halimpur, P.S. Naya Ram Nagar, District Munger. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar For the Opposite Party/s :

Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-12-2018 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Jamalpur P.S. Case No. 43 of 2012 registered for the offence punishable under section 302 of the Indian Penal Code and section 27 of the Arms Act.

Learned counsel appearing for the petitioner submits that petitioner is not named in the first information report and he has been implicated in this case on suspicion. Nothing has been recovered from the possession of this petitioner. As a matter of fact, on the alleged date of occurrence the petitioner was in Delhi and was preparing for Civil Services Examination. Moreover, similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order

Patna High Court Cr.Misc. No.73932 of 2018(2) dt.18-12-2018 2/2 dated18.06.2018 passed in Cr. Misc. No. 21822 of 2018, as contained in Annexure-2. It is further submitted that presently the petitioner is employed as a Teacher in Madhya Vidyalaya, Soha and as such there is no chance of his absconding or tampering with the evidence.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Jamalpur P.S. Case No. 43 of 2012 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T