Amresh Kumar @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10803 of 2024 Arising Out of PS. Case No.-662 Year-2023 Thana- RUPASPUR District- Patna ====================================================== Amresh Kumar @ Rajan Kumar Son Of Dayanand Thakur Resident Of New Mubarakpur, Chandmari Road, Police Station-Shahpur, District-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 356 and 379 of the Indian Penal Code and charge sheet has been submitted under Sections 356, 379 and 411 of IPC.
3. Allegation against two bike borne miscreants is that they came on a scooty and snatched a golden chain from the neck of the informant and fled from there.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during investigation on the basis of his self confession before the police
Patna High Court CR. MISC. No.10803 of 2024(2) dt.22-02-2024 2/3 and he disclosed the name of co-accused, namely, Akash Kumar and from his possession, a golden chain has been recovered and the same has been identified by the informant. Nothing looted article has been recovered from the conscious possession of the petitioner. Moreover, he is languishing in judicial custody since 21.08.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rupaspur P.S. Case No. 662 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Danapur(Patna) with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.10803 of 2024(2) dt.22-02-2024 3/3 threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(iii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(Sunil Kumar Panwar, J) Shubham/- U T