Aman Shah @ Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18553 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Aman Shah @ Aman Kumar S/O Sanjay Kumar Resident Of VillageSalempur, P.S- Haspura, District.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Prasad Singh, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Haspura P.S. Case No. 356 of 2022, registered for the offence punishable under Sections 411, 413 and 414 of the Indian Penal Code.

According to prosecution case, all the accused persons including the petitioner are involved in illegal trade of stealing and selling motorcycle.

Learned counsel for the petitioner submits that on the confessional statement of the co-accused Bakhora Shah the name of the petitioner has been disclosed. No stolen motorcycle has recovered from the possession of the petitioner. Stolen motor-cycles have been recovered from the co-accused persons,

Patna High Court CR. MISC. No.18553 of 2023(2) dt.18-05-2023 2/3 namely, Bakhora Shah and Mantu Kumar. Learned counsel for the petitioner submits that similarly situated co-accused Mantu Kumar and Chhotu Kumar @ Chhotu Singh have been granted regular bail by a Coordinate Bench of this Court vide common order dated 08.05.2023 in Criminal Miscellaneous Nos. 10195 of 2023 and 13779 of 2023. Petitioner has one criminal antecedent and he is in jail custody since 01.12.2022. Charge sheet has already been submitted.

Learned APP for the State has opposed the prayer for regular bail of the petitioner.

Considering the facts and circumstances of the case let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S. D.J.M., Daudnagar in connection with Haspura P.S. Case No. 356 of 2022, subject to 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.18553 of 2023(2) dt.18-05-2023 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Sunil Dutta Mishra, J) saurabhkr/- U T