Jitendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88676 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Jitendra Kumar Son of Jailal Ram R/o Village - Naveen Gandhi Nagar, P.S.- Dumariyaghat, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidhyanath Thakur, Advocate For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 04-03-2025 Heard Mr. Pravin Kumar, learned counsel for the petitioner and Mr. Md. Aslam Ansari, learned APP.
2. The petitioner is in judicial custody in connection with Kesariya P.S. Case No. 259 of 2024 for the offences punishable under Sections 310(4), 310(5) of the BNS, 25(1-b)a, 26 and 35 of the Arms Act, lodged on 13.08.2024 by the informant, Uday Kumar.
3. As per the prosecution story, the informant alleged that upon secret information, the police reached the place, the accused tried to escape, apprehended and upon search, the allegation is that :- (i) from Jitendra Kumar, TVS motorcycle, pistol with live cartridge and mobile, (ii) from Raja Babu @ Shivam Kumar,
Patna High Court CR. MISC. No.88676 of 2024(2) dt.04-03-2025 2/3 live cartridge and steel knife along with a mobile, (iii) from Shubham Raj, white colour motorcycle and cartridges, (iv) from Jitan Kumar (petitioner), steel knife, this led the FIR/arrest.
4. Learned counsel for the petitioner submits that the Police has implicated him in the matter along with other coaccused, he has no criminal antecedent and is in custody since 24.08.2024. Further submission is that one Jitan Kumar has been granted relief in Cr. Misc. No. 82887 of 2024.
5. Learned APP opposes the prayer submitting that he along with other accused persons were present when the arrest took place.
6. Considering the aforesaid facts as also that he is in custody since 24.08.2024, has no criminal antecedent, FIR lodged, he will be facing the trial and one of the co-accused has been granted relief, as stated above, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran in connection with Kesariya P.S. Case No. 259 of 2024 subject to the following conditions:
Patna High Court CR. MISC. No.88676 of 2024(2) dt.04-03-2025 3/3 (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T