Amit Kumar @ Ramprit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.20950 of 2021 Arising Out of PS. Case No.-392 Year-2020 Thana- RAMPUR District- Gaya ====================================================== AMIT KUMAR @ RAMPRIT KUMAR Son of Shri Ramashish Yadav Resident of Village - Taunsi, P.S.- Atri, Distt.- Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sourendra Pandey, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 08-07-2021 Learned counsel for the petitioner undertakes to remove all the defects pointed out by the Stamp Reporter within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Atul Chandra, learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Rampur P.S. Case No. 391 of 2020 registered for the offences punishable under Sections 420, 120(B) of the Indian Penal Code and under Section 10 of the Bihar Conduct of Examination Act, 1981.

Learned counsel for the petitioner submits that as per the prosecution story, on secret information the informant reached Gaya College Gaya where on seeing the police some persons started fleeing away. The police chased them and arrested two accused

Patna High Court CR. MISC. No.20950 of 2021(2) dt.08-07-2021 2/3 namely Amit Kumar@ Ramprit Kumar (petititioner) and Shiv Raj Kumar @ Pintu from that place when the mobile phone of the petitioner was searched, answer of the examination paper was found. Learned counsel submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that this petitioner has been arrested on mere suspicion. The petitioner is in custody since 16.12.2020 having no criminal antecedent. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case and the nature of allegation, the fact that the petitioner has remained in custody in connection with this case since 16.12.2020, investigation against him is complete but the trial is not likely to be take place in near future, the petitioner has otherwise no criminal antecedent, let the petitioner above named be released on bail on furnishing of bail bonds of Rs. 25,000/- (Rupees TwentyFive Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Rampur P.S. Case No. 391 of 2020, subject to the conditions as laid down under Section 437(3) Cr.P.C. as under:

(a) That such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) That such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the

Patna High Court CR. MISC. No.20950 of 2021(2) dt.08-07-2021 3/3 commission of which is suspected, and (c) that such persons shall not directly or indirectly make and inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

This Court has been informed that Police Station Case Number has wrongly been entered as '392' in place of '391' in the computer system at the time of making data entry as is appearing in the fourth line from the top at page '1'.

In the aforesaid view of the matter office is directed to do the needful for making correction in the computer data relating to this case.

(Rajeev Ranjan Prasad, J) SUSHMA2/Sonali/ U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.