Amrendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6276 of 2024 Arising Out of PS. Case No.-153 Year-2022 Thana- JANDAHA District- Vaishali ====================================================== Amrendra Kumar S/O Bashishta Narayan Singh @ Bashisth Kumar VillageGaddopur, P.S. Mahuwa, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Jandaha P.S. Case No. 153 of 2022 registered for the offence under Section 392 IPC.

3. This is a case of loot of money from the pocket of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent, committed no offence and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 8.8.2022. The petitioner's name sarfaced on the basis of confessional statement of co-accused Rakesh Kumar who has been granted bail vide order dated

Patna High Court CR. MISC. No.6276 of 2024(2) dt.16-02-2024 2/3 28.6.2023 passed in Cr. Misc. No. 36959 of 2023. Nothing incriminating has been recovered from the possession of the petitioner.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Heard both the parties, perused the first information report, impugned order dated 25.11.2023 passed by learned Additional Sessions Judge-12, Vaishali at Hajipur. It appears on the basis of confessional statement of co-accused Rakesh Kumar the petitioner has been named in this case. Said Rakesh Kumar has been granted bail vide order dated 28.6.2023 passed in Cr. Misc. No. 36959 of 2023 by a co-ordinate Bench of this Court.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 153 of 2022.

8. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then

Patna High Court CR. MISC. No.6276 of 2024(2) dt.16-02-2024 3/3 the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) saurabhkr/- U T