Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27146 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- BIKRAM District- Patna ====================================================== AMAN KUMAR Son of Raj Kumar Singh @ Raj Kumar Resident of Village - Badi Tangrela, P.S.- Naubtpur, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== 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 of the Indian Penal Code.

As per the prosecution case, some unknown miscreants committed theft of the tractor of the informant which was parked near a Line Hotel.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case on suspicion. Petitioner's name has figured during course of investigation in confessional statement made by him in some other case. No incriminating material has been recovered from the conscious possession of the petitioner. Test Identification Parade has not been carried out till date. Petitioner is in custody

Patna High Court CR. MISC. No.27146 of 2021(2) dt.30-07-2021 2/2 since 15.9.2020.

Learned counsel appearing for the State opposes the 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 the Additional Chief Judicial Magistrate VI, Danapur, Patna in Bikram Police Station Case No. 46 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