Jitendra Ravidas @ Jitendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.460 of 2023 Arising Out of PS. Case No.-391 Year-2021 Thana- KHAIRA District- Jamui ====================================================== JITENDRA RAVIDAS @ JITENDRA DAS Son of Bhojal Ravidas Resident of Village - Mangobandar, P.S.- Khaira, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 323, 324, 354(A), 307, 379 and 504 of the Indian Penal Code and Section 27 of the Arms Act pending in the learned court below.

Allegation against the petitioner is to assault the informant by means of sword due to which the informant sustained head injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the the occurrence took place on 25.09.2021 but the FIR lodged on 23.10.2021. He submits that

Patna High Court CR. MISC. No.460 of 2023(3) dt.21-04-2023 2/2 there is delay of more than one month in filing of the present FIR and there is no any explanation of it which creates serious doubt about the prosecution case. He further submits that petitioner and informant are own Gotiya, very close and blood relatives and both belongs from same family. He submits that the injury found upon the victim is simple in nature. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the nature of the injury, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Khaira P.S. Case No.391/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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