Jitendra Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84984 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- SISWAN District- Siwan ====================================================== Jitendra Bharti S/O Manan Bharti R/O Chiraiya Mathiya, P.S- Chainpur, Distt.- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.C. Verma, Advocate :

Mr.Rajnish Chandra, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Siswan PS case no. 120 of 2024 dated 21.04.2024, disclosing offences punishable under Sections 341, 323, 447, 379, 307, 504/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that on 14.04.2024, when the informant along with his family was at his home, petitioner along with other accused persons came at the door of his house and started abusing. When the informant and his sons protested, petitioner assaulted them, due to which, one son got injury on his head and the other son received hand injury.

Patna High Court CR. MISC. No.84984 of 2024(3) dt.27-02-2025 2/3 4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to village politics. Learned counsel further submits that F.I.R. has been lodged after 07 days of the occurrence and it has also not been explained. He next submits that there is case and counter case between the parties, inasmuch the petitioner has instituted complaint case against the wife and sons of the informant, which is prior in time and the parties are also having land dispute. He also submits that though the injury received by the son of the informant namely Sachin Kumar is grievous in nature but it is not on the vital part of the body. The petitioner is stated to be having no criminal antecedent.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that case and counter case is existing between the parties as also the fact that the petitioner has a clean antecedent, I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.84984 of 2024(3) dt.27-02-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan in connection with Siswan PS case no. 120 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T