Amardeep Kumar @ Murari Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11812 of 2022 Arising Out of PS. Case No.-248 Year-2020 Thana- BACHHWARA District- Begusarai ====================================================== AMARDEEP KUMAR @ MURARI KUNWAR S/o Nand Kumar Kunwar R/o Village- Shamshipur- Bhithu (Gonu Chak), P.S.- Bachhwara, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Bachhwara P.S. Case No. 248 of 2020, for the offence punishable under Section 392 of the Indian Penal Code. As per allegation made in the F.I.R. some unknown miscreants forcibly robbed the motorcycle of the informant. The F.I.R. is against unknown.

Learned counsel appearing on behalf of the petitioner submits that the petitioner was not involved in the alleged robbery and the allegation against him is not sustainable. He further submits that petitioner is not named in the F.I.R. nothing

Patna High Court CR. MISC. No.11812 of 2022(2) dt.15-06-2022 2/3 has been recovered from the possession of the petitioner. The petitioner has been made accused in the present case on the basis of tower location of his mobile phone.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the fact that no recovery has been made from the possession of the petitioner, the petitioner has remained in custody since 21.03.2021, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Bachhwara P.S. Case No. 248 of 2020, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) 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.

(4) If the petitioner is found involved in similar nature

Patna High Court CR. MISC. No.11812 of 2022(2) dt.15-06-2022 3/3 of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T