Patna High CourtCR. MISC./14039/2024bail granted

Aman Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14039 of 2024 Arising Out of PS. Case No.-1159 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Aman Kumar son of Bimal Kumar Village- Rupauli Ps- Rupauli Dist- Purnia ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate Mr. Kumar Praveen, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in K. Hat (Sahayak) P.S. case No. 1159 of 2023 instituted for the offences under Section 406, 420, 379, 414/34 of the Indian Penal Code.

3. Prosecution case, in short, is that on secret information, when the police party reached the place of occurrence, 3-4 accused persons on seeing the police started fleeing away but the petitioner was apprehended. On search, 85 ATM cards were recovered from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.14039 of 2024(2) dt.11-03-2024 2/2 There is no allegation of misuse of ATM cards or that any amount has been withdrawn from the said ATM cards. The petitioner has got no concern with seized ATM cards. The case is triable by the Magistrate. There is no compliance of Section 100 of Cr.P.C. The petitioner is in custody since 14.10.2023 and has one criminal antecedent in which he is on bail.

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 and 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 K. Hat (Sahayak) P.S. case No. 1159 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T