Amarjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8885 of 2023 Arising Out of PS. Case No.-21 Year-2021 Thana- SONPUR RAIL P.S. District- Saran ====================================================== Amarjeet Kumar Son of Lal Babu Rai @ Bigan Rai Resident of VillageBhagwanpur, P.S.- Avatar Nagar, District- Saran at Chapra (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail, who is in custody since 23.11.2022, in connection with Sonepur Rail P.S. Case No. 21 of 2021, F.I.R. dated 18.02.2022 registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

The F.I.R. of the occurrence of loot in the train on the point of pistol is against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of confessional statement of

Patna High Court CR. MISC. No.8885 of 2023(3) dt.09-05-2023 2/3 co-accused person namely Santosh Kumar and except the confessional statement of co-accused, no other cogent material has come during investigation to suggest the involvement of the petitioner in the present occurrence. He further submtis that nothing has been recovered from the possession of the petitioner and till date no test identification parade was conducted by the prosecution and co-accused namely Santosh Kumar who has given the name of the petitioner in the present case has been granted bail by a Coordinate Bench of this court vide order dated 15.04.2022 passed in Cr. Misc. No. 60704 of 2021. he further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.11.2022.

The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries two more cases other than the present one in which the petitioner is on bail in both the cases.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned

Patna High Court CR. MISC. No.8885 of 2023(3) dt.09-05-2023 3/3 Additional Sessions Judge-XII, Saran at Chapra in connection with Sonepur Rail P.S. Case No. 21 of 2021, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that 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 antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T