Patna High CourtCR. MISC./28105/2024bail granted

Amresh Kumar v. The State Of Bihar

2025-02-04Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28105 of 2024 Arising Out of PS. Case No.-170 Year-2022 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Amresh Kumar S/o Shatrudhan Sah R/o vill - Mustafapur, P.S. - Ahiyapur, Distt. - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mrs. Madhubala Verma For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-02-2025 Heard the learned senior counsel for the petitioner and the learned APP for the State.

2. The learned APP for the State; Sri Jharkhandi Upadhyay, has filed counter affidavit in the case.

3. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 26.07.2023 passed in Cr. Misc. No. 44810 of 2023.

4. The petitioner seeks regular bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code and under Section 27 of the Arms Act.

5. Learned senior counsel for the petitioner has submitted that petitioner is in custody since 06.04.2023 and not even a single witness has been examined yet.

Patna High Court CR. MISC. No.28105 of 2024(11) dt.04-02-2025 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the period of custody as well as the submission of the learned senior counsel for the petitioner, this application for regular bail is allowed.

7. Let the petitioner, above named, be released 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 learned S.D.J.M., Muzaffarpur/concerned Court below in connection with Siwaipatti P.S. Case No. 170 of 2022 subject to conditions that:- (i). The petitioner will mark his attendance at the Ahiyapur Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in automatic cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non-cooperation in the trial shall result in automatic cancellation of the bail bond of the petitioner.

(Sandeep Kumar, J) Shishir/- U T