Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.907 of 2020 Arising Out of PS. Case No.-475 Year-2019 Thana- SHEKHPURA District- Sheikhpura ====================================================== JITENDRA KUMAR Son of Late Naresh Yadav Resident of Village/MohallaBangalipar, P.S.- Sheikhpura, District- Sheikhpura. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Prasad For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sheikhpura P.S. Case No.475 of 2019 registered for the offence punishable under sections 341, 323, 308, 506 and 34 of the Indian Penal Code and section 37(C) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the F.I.R., two persons were said to be fighting and on the informant intervening, they started to beat up the informant. At this time, it is stated that the police personnel arrived. One of the accused managed to escape while the other was caught. The accused, who was caught disclosed the name of the person, who had managed to escape as being the

Patna High Court CR. MISC. No.907 of 2020(2) dt.25-02-2020 2/2 petitioner.

It is submitted by learned counsel for the petitioner that except for the confessional statement of co-accused made before the police, there is no other material against this petitioner. No recovery of any incriminating article has been taken place and the petitioner has no criminal antecedent. The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of six weeks from today in the event of his arrest or surrender in connection with Sheikhpura P.S. Case No.475 of 2019, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-II, Sheikhpura, subject to the condition as laid down under section 438(2) of the Criminal Procedure Code. (Partha Sarthy, J.) amit/- U T