Amar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23399 of 2025 Arising Out of PS. Case No.-783 Year-2024 Thana- SONEPUR District- Saran ====================================================== Amar Kumar Son of Suraj Sahani Resident of Mohalla - Nakhas Chowk, Anderkila, P.S.- Town Hajipur, District - Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr.Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-08-2025 Heard the parties.
2. The petitioner is in judicial custody in connection with Sonpur P.S. Case No. 783 of 2024 for the offence punishable under Sections 111, 309(4) of BNS, 2023 lodged on 23.09.2024 by the informant, Pravindra Kumar.
3. As per the prosecution story, the informant alleged that while he was moving to attend his duty, the accused persons intercepted and on the point of pistol took away the motorcycle, one mobile and cash of Rs.1000/-. This led to the FIR.
4. Subsequently, investigation took place and the
2/4 petitioner alongwith other accused apprehended, the motorcycle seized and from the possession of the petitioner the mobile of the petitioner was also recovered.
5. Learned counsel for the petitioner submits that only because he has criminal antecedent, got implicated though he is in custody since 19.10.2024 no TIP conducted, in case, he is granted relief, undertakes not to enter the district of Saran for three months save and except appearance before the police station every fortnight and if found violating the undertaking, steps shall be taken for cancellation of the bail bonds.
6. Learned APP opposes the prayer submitting that there is recovery of mobile phone from his possession.
7. Considering the submissions of the parties as also the fact that charge-sheet stands submitted, he is in custody since 19.10.2024, an undertaking has been given that save and except visiting the police station/trial Court on the dates so fixed, he shall not be entering the Saran district for three months and shall be further signing his attendance in the police station for one year, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on
3/4 furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned C.J.M., Saran at Chapra, in connection with Sonpur P.S. Case No. 783 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall appear before the concerned local police station where he will shift every fortnight for three months after leaving Saran Police Station and thereafter for the next one year shall be appearing before the Saran Police Station to mark his attendance and the two certificates be submitted before the Trial Court failing which appropriate steps shall be taken for the cancellation of his bail bond; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T