Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27150 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- BIKRAM District- Patna ====================================================== Aman Kumar aged about 25 years Son of Raj Kumar Singh @ Raj Kumar Resident of Village - Badi Tangrela, P.S.- Naubatpur, District - Patna ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under section 379 and other ancillary sections of the Indian Penal Code. As per the prosecution case, four unknown persons, posing them to be the personnel of a Finance Company, seized and took the informant's tractor with them.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement. He submits that in fact when the informant failed to pay the installment, the Finance Company seized the tractor and in turn the informant lodged the instant case after delay of five days, to get the claim of insurance. Charge sheet has already been submitted. He is in custody since 15.9.2020.

Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.27150 of 2021(2) dt.30-07-2021 2/2 prayer for bail.

Considering the rival submissions of the parties and the materials available on the record, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Danapur, Patna in Bikram Police Station Case No. 39 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T