Petitioner seeking bail in case under IPC 307. Court granted bail subject to conditions including cooperation in trial and presence, linking it to a prior anticipatory bail order granted in a related FIR.
Enlarged on bail on furnishing bond of Rs. 10,000 with two sureties of the like amount each to the satisfaction of J.M. Jehanabad.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No. 3622 of 2020
Arising Out of PS. Case No.-808 Year-2019 Thana- JAHANABAD District- Jehanabad
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Jitu Kumar @ Vikash Kumar @ Vikash (Male), aged about 22 years Son of Puna Chaudhary Resident of Nayatola, P.S.- Nagar, Distt - Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Praveen Kumar For the Opposite Party/s : Mr.Jai Narain Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 13-02-2020 Heard learned counsel for the parties.
The petitioner apprehends his arrest in Jehanabad P.S. Case No. 808 of 2019 registered for the offence under Section 307 & other allied sections of the Indian Penal Code.
The prosecution case is that large number of persons assembled on the eve of Durga Puja and tried to block the road and when police force tried to pacify them, it is said that they started pelting stones and committed loot from different shops. The name of petitioner came on the basis of CCTV footage.
It is submitted on behalf of petitioner that petitioner has committed no offence and he has falsely been implicated. There is general and omnibus allegation. It is further submitted that similarly, one another F.I.R., vide Jehanabad P.S. Case No.
Patna High Court CR. MISC. No.3622 of 2020(2) dt.13-02-2020 2/2
807 of 2019, was lodged against petitioner and others, in which, petitioner has already been granted anticipatory bail by this Court, vide order dated 23-01-2020.
Considering the aforesaid facts and circumstances as well as nature of accusation, in the event of his arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 808 of 2019 on the following conditions:
“(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.”
(Prabhat Kumar Singh, J.)
anay
U T
2 issues framed by the court
Whether the petitioner should be released on bail in a criminal case registered under Section 307 IPC with conditions.
Whether the petitioner is to be enlarged on bail pending trial with specific undertakings.
1 provisions across 1 enactments
Jitu Kumar @ Vikash Kumar @ Vikash
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
