Amrendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7319 of 2022 Arising Out of PS. Case No.-226 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== AMRENDRA KUMAR SAH Son of Ghanshyam Sah Resident of Village - Kolhaypatti, P.s.- Murliganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Ahmad Khan For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Kumarkhand P.S. Case No. 226 of 2020 instituted for the offences under Section 393 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 24.08.2020, charge-sheet has been submitted in the case and has antecedent of six cases. Learned counsel for the petitioner submits that the informant alleges that on 23.08.2020 at 03:00 pm, he was returning from his in-laws' village. In the way at Tikuliya Chowk, the petitioner who was riding on motorcycle came to him and abused and tried to snatch money from his pocket but they did not find the money. Thereafter, the petitioner along

Patna High Court CR. MISC. No.7319 of 2022(2) dt.16-06-2022 2/3 with co-accused fled away from the place and informant went to police station where petitioner and other co-accused were sitting and the informant identified the petitioner and other accused. Learned counsel for the petitioner submits that the petitioner is innocent and has been implicated by the police merely on the basis of suspicion. The motorcycle bearing Registration No. BR-19K-4364 belongs to the petitioner and petitioner is the owner of the seized bike (Annexure-2). Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 24.08.2020 and charge-sheet has been submitted in 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 S.D.J.M., Madhepura in connection with Kumarkhand P.S. Case No. 226 of 2020, 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.7319 of 2022(2) dt.16-06-2022 3/3

(2) One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

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

(Khatim Reza, J) Gaurav Kumar/- U T