Amit Kumar @ Munnilal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19114 of 2022 Arising Out of PS. Case No.-119 Year-2020 Thana- KHODAWANDPUR District- Begusarai ====================================================== AMIT KUMAR @ MUNNILAL DAS Son of Ramchandra Das Resident of Village - Chakwa, P.s.- Khodawandpur, Distt.- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Binode Bariar For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khodawandpur P.S. Case No. 119 of 2020 registered for the offence under Sections 120(B)/364/365 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 25.11.2021.

The allegation against the petitioner is to abduct/kidnapping of the brother of the informant for previous dispute of money transactions, where, one of the co-accused claimed outstanding Rs. 60,000/- towards informant.

Learned counsel appearing on behalf of the petitioner submitted that present case is completely false to create a pressure to

Patna High Court CR. MISC. No.19114 of 2022(3) dt.02-09-2022 2/2 materialize the previous dispute of Rs. 60,000/-, as it is apparent from FIR itself. It is also submitted that petitioner in fact informed the informant as how his brother was taken away by one of the coaccused, namely, Panchu Kumar, who has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 34855 of 2020 dated 25.01.2021. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. Learned APP, while opposing the prayer of bail, fairly conceded the fact that the petitioner informed the informant about the occurrence, as it appears from FIR.

Considering the facts and circumstances as mentioned above, as petitioner himself informed the informant about occurrence, as per FIR coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khodawandpur P.S. Case No. 119 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Manjhaul, Begusarai, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T