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Patna High CourtCR. MISC./85219/2023allowed

Jitendra Thakur @ Jitender Thakur v. The State Of Bihar

2024-01-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85219 of 2023 Arising Out of PS. Case No.-523 Year-2023 Thana- RAJAON District- Banka ====================================================== Jitendra Thakur @ Jitender Thakur S/o Late Gunni Thakur @ Guneshwar Thakur Resident of Village - kaitha, P.S.- Rajoun, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Sharma For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 379, 354, 504, 506 and 34 of the Indian Penal Code and Sections 25(1-b)a and 26 of Arms Act.

3. Allegation against the petitioner along with other co-accused persons is that they tried to outrage the modesty of the informant and committed theft of gold and silver ornaments along with cash of Rs. 10,000/-. Thereafter, petitioner was apprehended by villagers and from the possession of this petitioner, two live cartridges have been recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.85219 of 2023(2) dt.15-01-2024 2/2 falsely been implicated in this case. Nothing looted articles have been recovered from the conscious possession of the petitioner except two live cartridges without pistol. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 11.10.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6.Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajoun P.S. Case No. 523 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

(Sunil Kumar Panwar, J) Shubham/- U T