Jitendra Kumar @ Nanhe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1341 of 2020 Arising Out of PS. Case No.-37 Year-2019 Thana- MUSRIGHRARI District- Samastipur ====================================================== JITENDRA KUMAR @ NANHE S/o Nand Kishore Singh Resident of Village- Baghi Ward No.5, P.S.- Tajpur, Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brisketu Sharan Pandey For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioners and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Section 392 of the Indian Penal Code and 27 of the Arms Act. Prosecution case in short is that four unknown persons boarded on two motorcycles, robbed the informant on the point of pistol and snatched his bag containing huge ornaments, cash and cheque along with mobile.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner.

Patna High Court CR. MISC. No.1341 of 2020(3) dt.18-06-2020 2/2 The name of the petitioner transpired in this case on the basis of disclosure, made by co-accused. He has not been put on test identification parade to ascertain his participation in the alleged offence. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Judicial Magistrate-Ist Class, Samastipur in connection with Musrigharari P.S. Case No. 37 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T