Aman Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.689 of 2016 (3) dt.08-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.689 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -JAKKANPUR District- PATNA ======================================================

1. Aman Kumar S/o Chunnu Bhagat, Resident of Village- Baraka Dumra, P.S.- Mufasil, District- Bhojpur.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Smt. Rita Verma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Jakkanpur P.S. Case No. 214 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, unknown thieves committed theft of Mahindra Bolero Pick Up vehicle having registration no. BR-01GC-3138 and during investigation the petitioner and two others were arrested by Patrakarnagar Police with stolen pick-up van of this case with arms and ammunitions and further co-accused Vicky Kumar confessed his guilt stating the name of the petitioner also in the crime. Submission is of false implication and that the petitioner has been made victim of circumstances, no firearm was recovered from possession of the petitioner, the petitioner sat in the Bolero Pick-up van to come to Patna after paying the fare, the petitioner has been allowed bail in Patrakarnagar P.S. Case No. 187 of 2015 vide Cr. Misc. No.

Patna High Court Cr.Misc. No.689 of 2016 (3) dt.08-03-2016 46725 of 2015 by another co-ordinate Bench of this Court and in this case the petitioner has been remanded from that case resulting he is suffering in custody since 23.06.2015, another co-accused Kaushal Singh has been allowed bail by the court below itself. Learned APP submits that the petitioner was arrested from stolen pick-up van.

In the facts and circumstances stated above, considering the period of detention, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Smt. Sangeeta Rani, J. M. Ist Class, Patna in connection with Jakkanpur P.S. Case No. 214 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T