Jitendra Kumar @ Jitendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86009 of 2023 Arising Out of PS. Case No.-75 Year-2021 Thana- DORIGANJ District- Saran ====================================================== Jitendra Kumar @ Jitendra Rai S/o Dhaneshwar Rai Resident of VillageDaftarpur,P.S.-Doriganj, District-Saran,Bihar-841211 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey (App.84) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 302, 120(B), 34 of the Indian Penal Code. It is a case of commission of murder of the son of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.86009 of 2023(2) dt.16-01-2024 2/3 been implicated in this case. The petitioner is not named in the F.I.R and his name subsequently sprang up on the confessional statement of co-accused Satyendra Rai. During investigation also, no consistent material evidence was collected against the petitioner to connect him with the present case. The petitioner is languishing in custody since 12.09.2023. Moreover, other similarly situated co-accused person has been granted bail by a coordinate Bench of this Court vide order dated 06.04.2022 passed in Cr. Misc. No. 57922 of 2021. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Saran in connection with Doriganj

Patna High Court CR. MISC. No.86009 of 2023(2) dt.16-01-2024 3/3 P.S. Case No. 75 of 2021.

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