Jitendra Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

Jitendra Kumar Vs The State of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court below/concerned Court in connection with Bibhutipur P.S. Case No. 396 of 2023, subject to conditions (one bailor an own/close family member; attendance on every trial date; liberty to Trial Court to cancel bonds on default on two consecutive dates).

Issue for consideration

Whether the petitioner Jitendra Kumar should be granted bail in Bibhutipur P.S. Case No. 396 of 2023.

Court's answer

Having considered the facts and circumstances of the case and the period of custody undergone by the petitioner, the Court was inclined to grant bail.

Ratio / Principle

Petitioner to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, subject to conditions that one bailor shall be an own/close member of his family and he shall appear on each trial date, failing which on default of appearance on two consecutive dates the Trial Court will have liberty to cancel the bail bonds.

Detailed headnote1 paragraphs

Bail granted. Patna High Court (Rudra Prakash Mishra, J.), by order dated 18-03-2024 in Criminal Miscellaneous No. 20334 of 2024, admitted Jitendra Kumar to bail in Bibhutipur P.S. Case No. 396 of 2023 (District Samastipur), instituted under Sections 272, 273, 420, 467, 468, 471 and 34 IPC and Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act, arising out of alleged recovery of 1723.140 litres of liquor from vehicles standing outside the house of co-accused Shashikant Kumar. The petitioner's name was said to have surfaced only from the confessional statement of co-accused Santosh Kumar; he claimed innocence, no criminal antecedent, and custody since 23.01.2024, while the State opposed the prayer. Granting bail on consideration of the facts and the period of custody, the Court fixed bail bonds of Rs. 10,000 with two like sureties, required one bailor to be an own/close family member, mandated appearance at every trial date, and left the Trial Court free to cancel the bonds for default on two consecutive dates.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20334 of 2024

Arising Out of PS. Case No.-396 Year-2023 Thana- BIBHUTIPUR District- Samastipur

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

Jitendra Kumar Son of Ram Kumar Singh Resident of Village-Kerai Majkothi, Ward No. 09, Police Station-Bibhutipur, District-Samastipur.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 18-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Bibhutipur P.S. Case No. 396 of 2023, instituted for the offences punishable under Sections 272, 273, 420, 467, 468, 471, 34 of the Indian Penal Code, Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.

The prosecution case, in short, is that, 1723.140 liters liquor was recovered from different vehicles standing outside the house of one Shashikant Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.20334 of 2024(2) dt.18-03-2024 2/3

the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the petitioner is not the owner of any of the seized vehicles and name of the petitioner has been transpired from the confessional statement of co-accused Santosh Kumar. The petitioner is in custody since 23.01.2024 and has got no criminal antecedent. There is no compliance of Section 100 of Cr.P.C.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bibhutipur P.S. Case No. 396 of 2023, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two

Patna High Court CR. MISC. No.20334 of 2024(2) dt.18-03-2024 3/3

consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J)

Rajorshi/-

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