Jitendra Prasad @ Jitendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4372 of 2018 Arising Out of PS.Case No. -233 Year- 2017 Thana -CHANDI District- NALANDA (BIHARSHARIFF) ======================================================

1. Jitendra Prasad @ Jitendra Yadav Son of Krishna Yadav, Resident of Village-oli Bigha, P.S. Chandi, Dist.-Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chandi P.S. Case No. 233 of 2017 dated 13.07.2017 instituted for the offences under Sections 147, 148, 149, 337, 307 and 353 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation in the FIR is that when the police party had gone to arrest accused persons viz. Subhash Yadav, Sanju Gope, Khokhan Gope and Mahuri Yadav, about 12 named accused persons including the petitioner came and with a view to prevent the police party from arresting them, indulged in reckless firing and stone pelting.

Learned counsel for the petitioner however submits that despite the aforesaid allegation in the FIR, none of the

Patna High Court Cr.Misc. No.4372 of 2018 (2) dt.01-02-2018 members of the police party were hurt/injured. It has further been submitted that the petitioner has falsely been implicated in this case when he was not even present at the place of occurrence. Some of the accused persons of this case having similar allegations against them, have been granted the privilege of anticipatory bail. Two of them viz. Arjun Yadav and Yogendra Yadav have been granted anticipatory bail by the High Court by order dated 17.01.2018 passed in Cr. Misc. No. 2853 of 2018.

Considering the fact that no specific overt act has been attributed against the petitioner and the nature of accusation levelled against all the accused persons, the petitioner above named is directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Hilsa, Nalanda in connection with Chandi P.S. Case No. 233 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.