Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15843 of 2024 Arising Out of PS. Case No.-746 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Aman Kumar SON OF NAGENDRA SINGH RESIDENT OF VILLAGEPHULWARIYA, PS- MAHUA, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Mahua P.S. Case No.746 of 2023 registered for the offence under Sections 394 of the Indian Penal Code.

3.

Allegation against the petitioner is to have looted a sum of Rs.1,29,730/- from the office of the informant along with other unknown accused persons.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR and his name surfaced on the basis of self confessional statement. It is submitted that nothing incriminating articles

Patna High Court CR. MISC. No.15843 of 2024(2) dt.13-03-2024 2/3 were recovered from possession of this petitioner, during course of investigation, which may connect this petitioner with the present set of occurrence rather recovered amount of Rs.12,000/- from the possession of this petitioner belongs to himself only. It is also submitted that no TIP has been conducted by the I/O in the present case. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 24.11.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Mahua P.S. Case No.746 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be

Patna High Court CR. MISC. No.15843 of 2024(2) dt.13-03-2024 3/3 released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of the proceeding of framing of charge.

(Ramesh Chand Malviya, J) S.Katyayan/- U T