Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20208 of 2021 Arising Out of PS. Case No.-773 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== AMAN KUMAR Son of Raj Kumar Singh @ Raj Kumar R/o Village- Badi Tangrela, P.S.- Naubatpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Jai Narayan Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Naubatpur P.S. Case No. 773 of 2019, registered for the offence punishable under Section 379 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants stolen away the tractor with trailer of the informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. No stolen article has been recovered from possession of this petitioner. No test identification parade has been held till date. Petitioner has been made accused in this case only because of having criminal antecedent. Name of the petitioner has come in this case on the

Patna High Court CR. MISC. No.20208 of 2021(2) dt.09-07-2021 2/2 basis of confessional statement of co-accused as well as his own confession before the police. Petitioner is in custody since 25.08.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Danapur, Patna in connection with Naubatpur P.S. Case No. 773 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) 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. (Prabhat Kumar Singh, J) vinita/- U T