Amarjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12963 of 2024 Arising Out of PS. Case No.-649 Year-2023 Thana- BARH District- Patna ====================================================== Amarjit Kumar S/O Sharwan Yadav R/O Village- Gulab Bag, P.S- Barh, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Barh P.S. case No. 649 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.
3. Prosecution case, in short, is that the petitioner along with two other co-accused persons intercepted the vehicle of the informant and snatched mobile phone and Rs. 1.36 lakhs from the pocket of the informant on gunpoint.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.12963 of 2024(2) dt.04-03-2024 2/3 petitioner is innocent and has falsely been implicated in the present case due to business rivalry. Learned counsel further submitted that, as per the impugned order, the looted cash amount and mobile phone has been recovered but from whose possession it has been recovered is not mentioned in the impugned order. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 11.10.2023 and has one criminal antecedent but of different nature.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Barh P.S. case No. 649 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.12963 of 2024(2) dt.04-03-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Alok Verma/- U T