Atul Kumar @ Atul Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25445 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- ADAPUR District- East Champaran ====================================================== Atul Kumar @ Atul Kumar Singh Son Of Sri Rahul Singh R/O MohallaChandmari, Ward No. 25, P.S.- Motihari Town, Dist.- East Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Uday Nand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 08-12-2021 The applicant/accused in Crime No. 157 of 2019 registered with Adapur Police Station for the offences punishable under sections 395/397 of the Indian Penal Code as well as Section 27 of the Arms Act, at the instance of the first informant, by this application is seeking his release on bail during pendency of the trial.

Heard the learned counsel for the applicant. He submits that except confessional statement of the co-accused there is no iota of evidence against the applicant. The learned APP opposed the bail application by stating that name of the applicant is stated by co-accused. It is pointed out by the learned counsel for the applicant that coaccused Vivek Singh, Raju Sahni, Santosh Sahni, Rohit Kumar

Patna High Court CR. MISC. No.25445 of 2021(3) dt.08-12-2021 2/3 and Deepak Baitha are already released on bail by the coordinate benches of this Court as stated in para-12 of the bail application and their bail orders are already produced on record.

I have considered the submissions so advanced. The applicant is undergoing pre-trial detention from 11.10.2020. Five co-accused are already released on bail as per orders of the coordinate bench as seen from Annexure-2. The case of the applicant is on par with those accused persons and hence, the order.

The application is allowed.

The applicant/accused in Crime No. 157 of 2019 registered with Adapur Police Station is directed to be released on bail on executing P.R. Bond of Rs. 10,000/- (Ten Thousand) on furnishing sureties of the like amount to the satisfaction of the trial court with the following conditions:- (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should not repeat the trial in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.25445 of 2021(3) dt.08-12-2021 3/3 (III) The applicant to remove all office objections forthwith and the Registry to issue bail-writ as per this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Ravi/- U T