Allowed

Jitendra Kumar and Ors. v. The State Of Bihar

Patna HC2 Sept 2014CR. MISC./23589/2014

Case brief

AI extract

What is this about?

In this criminal miscellaneous petition, the Patna High Court granted anticipatory bail to petitioners who apprehended arrest for serious offences. The court ordered their release upon furnishing a bail bond and complying with specific conditions, noting that the investigation report had exonerated them for certain allegations.

What did the court decide?

Release on bail on furnishing a bond of Rs. 10,000/- with two sureties, subject to conditions including cooperation with investigation and presence in court.

Jitendra Kumar and Ors. Vs The State Of Bihar — Bail and Remand | Patna HC (2014)

¶1

Patna High Court Cr.Misc. No.23589 of 2014 (2) dt.02-09-2014

¶2

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23589 of 2014

¶3

Arising Out of PS.Case No. -13 Year- 2013 Thana -PAKARIDAYAL DistrictEASTCHAMPARAN(MOTIHARI)

¶4

====================================================== 1. Jitendra Kumar 2. Upendra Kumar 3. Satyendra Kumar All Sons of Kishun Bhagat 4. Gopal Kumar Son of Sukhdeo Bhagat All are residents of Village Majhar, Police Station Pakaridayal, District-East Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. M. Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 2 02-09-2014 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 341, 323, 447, 324, 325, 307 and 504 of the Indian Penal Code registered in connection with Pakaridayal P.S. Case No. 13 of 2013.

¶5

It is submitted that the petitioners have been falsely implicated as the thrust of the accusation of committing assault is on Kishun Bhagat. The allegation of assault by Jitendra Kumar (petitioner no. 1) with farsha is belied from the injury report which shows simple injury caused by hard and blunt substance. The accusations against other petitioners are general and omnibus. After due investigation, final report has been submitted exonerating the present petitioners while submitting charge sheet against rest

¶6

Patna High Court Cr.Misc. No.23589 of 2014 (2) dt.02-09-2014

¶7

other accused.

¶8

Having regard to the entirety of the facts and circumstances of the case, as such, in the event of the petitioners’ arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Sri S.K. Jha, Judicial Magistrate, Ist Class, Sikarahana at Motihari, in connection with Pakaridayal P.S. Case No. 13 of 2013, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions :

¶9

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

¶10

(ii) The petitioners shall remain physically present on each and every date during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

¶11

(Vikash Jain, J)

¶12

Md. Ibrarul/-

¶13

U T

Jitendra Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Kumar and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Md. Adalat Vs The State Of Bihar

Ram Bishun Singh @ Ram Bishnu Singh @ Ram Kishun Singh and Anr. Vs State Of Bihar and Anr.

Krishna Paswan and Ors. Vs The State Of Bihar

Shatrughan Thakur and Anr. Vs The State Of Bihar

Madhwendra Singh @ Madhuwendra Kumar Singh Vs The State Of Bihar

Deepak Paswan Vs The State Of Bihar