Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11857 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- DEOKUND District- Aurangabad ====================================================== Aman Kumar, Son of Sarvesh Yadav @ Sarbesh Prasad Singh, Resident of Village - Gurdhari Bigha, P.S.- Deokund, Dist.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms Soni Kumari, Advocate Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Ms.. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Deokund P.S. Case No.39 of 2020 for the offence punishable under Sections 420, 441, 467, 464, 34 of the Indian Penal Code. The prosecution case is that the petitioner along with one Pintu Kumar was found to be with a motorcycle and when the police required them to produce its papers, they have produced papers which are at variance with the details of the motorcycle, which has been recovered.

The petitioner's counsel submits that the papers, which have allegedly been produced, have never been seized. The petitioner has no concern with the motorcycle. The said

Patna High Court CR. MISC. No.11857 of 2021(2) dt.24-02-2021 2/3 Pintu Kumar has been allowed bail by the learned court below itself. The petitioner continues to be in custody since 25.10.2020. No one has come forward to claim the motorcycle. The petitioner is on bail in the two cases pending against him since before as detailed in paragraph 3 of the petition. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Akhilesh Pratap Singh, learned Judicial Magistrate-1st Class, Daudnagar, in connection with Deokund P.S. Case No.39 of 2020 , subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well

Patna High Court CR. MISC. No.11857 of 2021(2) dt.24-02-2021 3/3 represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T