Patna High CourtCR. MISC./16918/2024bail granted

Amrendra Kumar @ Golu v. The State Of Bihar

2024-03-14Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16918 of 2024 Arising Out of PS. Case No.-130 Year-2023 Thana- PARSAUNI District- Sitamarhi ====================================================== Amrendra Kumar @ Golu, Son of Rambabu Patel, Resident of VillageAndhara, P.S.- Parsauni, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 14-03-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Parsauni P.S. Case no. 130 of 2023 registered under section 394 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the three accused persons hired his tempo and thereafter are said to have assaulted him and dispossessed him of his tempo etc.

4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation when allegedly his mobile

Patna High Court CR. MISC. No.16918 of 2024(2) dt.14-03-2024 2/3 phone was recovered in the tempo. As per the confessional statement, the petitioner is not said to have struck the informant with a knife. The allegation of assault with a knife is on coaccused Ankit Kumar. Co-accused Golu Kumar @ Rahul has been enlarged on bail vide order dated 14.12.2023 passed in Cr. Misc. no.80189 of 2023. The petitioner has not been put on T.I.Parade inspite of his being in custody since 28.9.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, no overt act with a knife having been alleged so far as this petitioner is concerned even in the confessional statement of the petitioner made before police, the co-accused Golu Kumar having been enlarged on bail vide aforesaid order dated 14.12.2023, the petitioner not having any criminal antecedent and charge-sheet having been submitted in the case without putting the petitioner on T.I.Parade inspite of his being in custody since 28.9.2023, the petitioner is directed to be enlarged on bail in connection with Parsauni P.S. Case no. 130 of 2023, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.16918 of 2024(2) dt.14-03-2024 3/3 amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Sitamarhi.

(Partha Sarthy, J) avinash/- U T