Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18292 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- NALANDA District- Nalanda ====================================================== AMAN KUMAR S/o Vinod Kumar Resident of Village-Kahuara, P.S.- Nardiganj, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard Mr. Satya Ranjan Sinha, the learned counsel for the petitioner and Mr. Ashok Kumar, the learned APP appearing for the State.

The petitioner seeks regular bail in connection with Nalanda P.S. Case No. 12 of 2020, registered for the offence punishable under Section 379 of the Indian Penal Code. The allegation is regarding motorcycle of the informant being stolen by unknown miscreants.

The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.18292 of 2020(2) dt.04-06-2020 2/3 the petitioner is innocent, he is having a clean antecedent and he is languishing in custody since 4.2.2020. It is further submitted that neither any Test Identification Parade has been held so as to connect the petitioner with the alleged crime nor any recovery of the stolen motorcycle has been effected from the conscious possession of the petitioner and the petitioner has been falsely implicated in the present case on account of his name being disclosed in the confessional statement of the co-accused person.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the fact that the petitioner is having a clean antecedent, no recovery has been effected from his possession and no Test Identification Parade has been held to prima facie prove the complicity of the petitioner in the alleged crime, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.18292 of 2020(2) dt.04-06-2020 3/3 satisfaction of learned C.J.M., Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 12 of 2020. (Mohit Kumar Shah, J) Ajay/- U T