Jitesh Kumar @ Jitesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83825 of 2024 Arising Out of PS. Case No.-321 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== Jitesh Kumar @ Jitesh Kumar Singh S/o Rama Shankar Singh R/o VillageHasanpur North, P.S.- Mahnar, Dist.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-12-2024 Heard the learned Advocate for the petitioner and the learned APP for the State.
2. The petitioner seeks regular bail, who is in custody in connection with Manhar P.S. Case No. 321 of 2022, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
3. Earlier, the prayer for bail of the petitioner was rejected by this Court vide order dated 23.08.2024, in Cr. Misc. No. 37624 of 2024, with a liberty to the petitioner to renew his prayer for bail, after framing of the charge.
4. Learned Advocate for the petitioner drawing the attention of this Court to Annexure-3 to the bail application contended that now the charges have already been framed on 01.10.2024 and the petitioner has been incarcerated since
Patna High Court CR. MISC. No.83825 of 2024(2) dt.20-12-2024 2/3 09.12.2023. The petitioner undertakes that he will fully cooperate in the proceeding of the Court.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that there are ample material, suggesting the involvement of the petitioner in the crime.
6. Regard being had to the submissions made on behalf of the parties and considering the observation of this Court and the fact that the charges have already been framed by the jurisdictional Court on 01.10.2024, coupled with the fair antecedent, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Vaishali at Hajipur in connection with Manhar P.S. Case No. 321 of 2022, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.
(ii) He will remain present on each and every date of trial till disposal of the case.
(iii) He will not try to tamper with the evidence or
Patna High Court CR. MISC. No.83825 of 2024(2) dt.20-12-2024 3/3 intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.
(v) The court below shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.
(Harish Kumar, J) shivank/- U T