Amlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1173 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Amlesh Kumar, S/o- Sri Munna Sah, Resident of village- Balua Rampurwa P.S. Bairiya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Abhishek Kumar, Advocate.

For the State :

Mr .Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 20-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Bettiah Town PS. Case No.-92 of 2024 dated 23.2.2024 registered for the offences punishable under Sections 413, 414, 420, 467, 468, and 471/34 of the Indian Penal Code.

3. The prosecution case as emerges from the FIR is that there is allegation of using the theft motorcycle by the Petitioner and his associate by manipulating their registration details of the vehicle.

4. Learned counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. His name has transpired in the confessional statement of

Patna High Court CR. MISC. No.1173 of 2025(2) dt.20-01-2025 2/3 the co-accused. He further submits that nothing incriminating material has been recovered from the possession of the Petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has moved this Court earlier for anticipatory bail vide Cr. Misc. 30804 of 2024 which was allowed by this Court vide order dated 21.05.2024 and, thereafter, modification application vide Cr. Misc. 67325 of 2024 was filed and the same was disposed of by this Court vide order dated 22.11.2024 directing the petitioner to file a fresh anticipatory bail petition.

6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has been made accused in two other cases viz Bettiah Town P.S. Case No. 79 of 2024 and Bettiah Town P.S. Case No. 88 of 2024 respectively.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing

Patna High Court CR. MISC. No.1173 of 2025(2) dt.20-01-2025 3/3 bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M. West Champaran at Bettiah, in connection with Bettiah Town PS. Case No.-92 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T