Allowed

Jittu Kumar @ Jitendra Ram v. The State of Bihar

Patna HC14 Dec 2020CR. MISC./26345/2020

Case brief

AI extract

What is this about?

This order grants anticipatory bail to petitioners facing charges of assault and danger to life in Bihar. The High Court relies on the simple nature of injuries and the presence of a counter-case, releasing them on bond upon surrender within six weeks.

What did the court decide?

Petitioners shall be released on anticipatory bail by furnishing a bail bond of Rs. 10,000 with two sureties of the like amount each.

Jittu Kumar @ Jitendra Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26345 of 2020

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Arising Out of PS. Case No.-312 Year-2019 Thana- NOORSARAI District- Nalanda

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======================================================

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JITTU KUMAR @ JITENDRA RAM Son of Mohan Ram Resident of Village - Andhana Beldari, P.S.- Noorsarai, District - Nalanda, (Bihar)

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Mohan Ram Son of Gulab Ram Resident of Village - Andhana Beldari, P.S.Noorsarai, District - Nalanda, (Bihar)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ranvijay Singh, Advocate For the Opposite Party/s : Mr. Jai Narayan Thakur, A.P.P. ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

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4 14-12-2020 Heard Mr. Ranvijay Singh, learned counsel for the petitioners and Mr. Jai Narayan Thakur, learned Additional Public Prosecutor appearing for the State through video conferencing.

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Petitioners apprehend arrest in connection with Noorsarai P.S. Case No. 312 of 2019, registered for the offences punishable under Sections 341, 323, 325, 307 and 504/34 of the Indian Penal Code, 1860.

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The allegation as per the First Information Report is that the petitioners assaulted the brother of the informant by means of iron rod.

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Learned counsel for the petitioners submits that the

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Patna High Court CR. MISC. No.26345 of 2020(4) dt.14-12-2020 2/3

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petitioners have not committed any offence in the manner alleged and they have falsely been implicated in this case due to dispute relating to irrigation between the parties. Learned counsel further submits that there is case and counter case between the parties inasmuch as by the side of the petitioners, Noorsarai P.S. Case No. 313 of 2019 has also been lodged for the offence which has taken place on the same date and time. Learned counsel also submits that the injuries caused to the victim have been found to be simple in nature and the petitioners have got no criminal antecedents.

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Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the injuries caused to the victim are simple in nature, I am inclined to grant anticipatory bail to the petitioners.

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Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioners, above named, shall be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 312 of 2019, subject to the condition as laid down under Section 438(2) of the Code of Criminal

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Patna High Court CR. MISC. No.26345 of 2020(4) dt.14-12-2020 3/3

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Procedure.

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It is made clear that at the time of furnishing bails bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

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(Anil Kumar Sinha, J)

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S.Ali/-

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U T

Jittu Kumar @ Jitendra Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jittu Kumar @ Jitendra Ram v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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