Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1474 of 2018 Arising Out of PS.Case No. -324 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Amit Kumar, son of Rajendra Prasad, resident of Mohalla- Ishlampur Market Chowk, P.S. Islampur, District Nalanda. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pathak For the Opposite Party/s : Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks bail in connection with Kadam Kuan Police Station Case No. 324 of 2017 registered for offence punishable under section 379 read with section 411/34 of the Indian Penal Code.
It has been submitted that the above case was registered against unknown persons and the vehicle in question was recovered on road near the house of one Jitendra Pandit on the same day. The said Jitendra Pandit was apprehended and he disclosed that the vehicle was handed over to him by this petitioner for repairing and painting and except the disclosure of name of this petitioner, there is nothing against him. It has
Patna High Court Cr.Misc. No.1474 of 2018 (3) dt.23-01-2018 2/3 been further submitted that the co-accused Jitendra Pandit @ Jitendra Kumar Pandit has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 57361 of 2017 on 05.01.2018. The petitioner is in custody since 06.09.2017 and his case stands on similar footing.
Considering the facts and circumstances of the case as stated above, the prayer for bail is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna in connection with Kadam Kuan Police Station Case No. 324 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
Patna High Court Cr.Misc. No.1474 of 2018 (3) dt.23-01-2018 3/3 (iv) If the petitioner is found involved in similar type of offence in future, the prosecution will have liberty to move for cancellation of his bail. (Sanjay Kumar, J) Mahesh/- U T