Amit Kumar Malik v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28450 of 2023 Arising Out of PS. Case No.-134 Year-2021 Thana- BALIGAON District- Vaishali ====================================================== AMIT KUMAR MALIK S/O NARESH KUMAR MALIK R/O Village- Bela Sandhan, P.O- Kawadhi, P.s- Baligaon, Distt.- Vaishali. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :
Ms. Meena Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2023
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code.
3. The informant alleges that three miscreants intercepted him and his son while they were returning with ornaments and 2 kg gold after closing their shop and on point of pistol looted them.
4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted his name transpired in the confessional statement of Pankaj in police custody which does not have any evidentiary value. It is further
Patna High Court CR. MISC. No.28450 of 2023(2) dt.25-07-2023 2/3 submitted that petitioner is a young boy aged about 25 years and will not abscond rather will cooperate in the investigation and will present himself as and when required by the investigating officer of the case for eliciting the truth and for proving his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Baligaon P.S. Case No. 134 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. One of the bailors of the petitioner shall be his father Naresh Kumar Malik.
8. However, it is made clear that in the event, if the investigating officer of the case files an application before the learned trial Court bringing to its notice that the petitioner
Patna High Court CR. MISC. No.28450 of 2023(2) dt.25-07-2023 3/3 despite giving assurance to this Court is not cooperating in the investigation or is not presenting himself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner forthwith after recording reasons.
9. Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) GauravSinha/- U T