Amarjeet Kumar @ Amarjeet Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8822 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- DUMARIAGHAT District- East Champaran ====================================================== Amarjeet Kumar @ Amarjeet Kumar Ray S/O Shiv Narayan Ray VillageBalwan Tola, Raipur, Bingawan, Ps. Doriganj, Dist. Saran At Chhapra. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kant Mani Tripathi, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-02-2024

1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Dumariyaghat P.S. Case No. 223 of 2023, registered for the offences punishable under Section 393 of the Indian Penal Code.

3. The allegation against petitioner is to make an attempt to commit robbery alongwith other co-accused persons, where co-accused Brajesh Kumar apprehended by police during the occurrence itself.

4. Learned counsel appearing on behalf of the petitioner submitted that apprehended co-accused Brajesh

Patna High Court CR. MISC. No.8822 of 2024(2) dt.20-02-2024 2/3 Kumar and petitioner are co-villager and out of previous enmities, he named petitioner without having any connecting evidence. It is submitted that falsity of allegation can be gathered as vehicle in issue is not registered in the name of petitioner and, therefore, the statement regarding ownership of vehicle qua petitioner as given by apprehended co-accused is apparently false on its face. While concluding the argument, it is submitted that petitioner found involved in one more criminal case of petty nature, where he is on bail.

5. Learned APP opposes the prayer of bail.

6. Considering the aforesaid facts and circumstances, as petitioner not appears to be registered owner of vehicle in issue, which alleged to be used to commit offence, where name of petitioner appears to be surfaced on the basis of disclosure of apprehended co-accused, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran, Motihari/concerned Court, where the case is pending in connection with Dumariyaghat P.S. Case No. 223 of

Patna High Court CR. MISC. No.8822 of 2024(2) dt.20-02-2024 3/3 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T