Amit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18495 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- PRATAPGANJ District- Supaul ====================================================== Amit Kumar Rai aged about 25 years, Son of Late Sanjay Rai @ Late Sanjay Roy Resident of Village - F.C.I. Chowk, Forbesganj, P.S.- Forbesganj, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-12-2021 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner who is in custody since 26.8.2020 seeks regular bail in connection with Pratapganj P.S. Case No. 114 of 2020 for the offence punishable under section 392 of the Indian Penal Code.

As per prosecution story, the petitioner alongwith three miscreants snatched the bag containing Rs. 49 lacs and mobile phone as well as Rs. 5000/- cash from the informant and also threatened him of dire consequences.

Learned counsel for the petitioner submits that he is not named in the FIR. The name of the petitioner was taken by co-accused Saroj Kumar Sah who was driver of the Scorpio

Patna High Court CR. MISC. No.18495 of 2021(6) dt.02-12-2021 2/3 bearing registration no. BR-11LO-3326 from which the recovery and he is not responsible for the alleged allegation of robbery. He further submits that the said driver is also an accused in the present case who has been enlarged on bail vide order dated 18.8.2021 passed in Cr. Misc. No. 7929 of 2021 and one another co-accused Amit Kumar Sharma has also been enlarged on bail by this Court vide order dated 27.10.2021 passed in Cr. Misc. No. 60561 of 2021 and makes plea of parity to be enlarged on regular bail.

The petitioner further submits that he has clean antecedent and has falsely been roped in this case due to enmity. Learned counsel appearing on behalf of the State has opposed the prayer for bail.

Considering the aforementioned facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-VII, Supaul, in connection with Pratapganj P.S. Case No. 114 of 2020 subject to the following condition:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court

Patna High Court CR. MISC. No.18495 of 2021(6) dt.02-12-2021 3/3 concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Purnendu Singh, J) Ravi/- U T