Amit Kumar @ Bago Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23262 of 2020 Arising Out of PS. Case No.-196 Year-2020 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== 1.

AMIT KUMAR @ BAGO SINGH S/o Late Arbind Singh Resident of Village-Ratanpur, P.S.-Town (Ratanpur O.P.), District-Begusarai. 2.

Aman Kumar S/o Sunil Kumar Sah Resident of Village-Ratanpur, P.S.-Town (Ratanpur O.P.), District-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-09-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioners and learned A.P.P for the State.

The petitioners seek bail in Nagar (Ratanpur O.P.) P.S. Case No. 196 of 2020, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and sections 25(1-b)a, 26 and 35 of the Arms Act.

On secret information, raid was conducted by the police at the half constructed house of petitioner no. 1. During search, one country made pistol, one live cartridge and one

Patna High Court CR. MISC. No.23262 of 2020(2) dt.11-09-2020 2/3 mobile each from the possession of both the petitioners are said to have been recovered.

It is submitted on behalf of the petitioners that petitioners have falsely been implicated in this case. No incriminating article has been recovered from possession of these petitioners. Petitioner no. 1 has got land dispute with some of his neighbours and when he started constructing new house, they lodged false cases against the petitioners. Charge sheet has already been submitted. Petitioners are in custody since 15.03.2020.

Considering the facts and circumstances of the case, the petitioners above-named, are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Nagar (Ratanpur O.P.) P.S. Case No. 196 of 2020, subject to following conditions:- (i) The petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, their bail bond shall be liable to be

Patna High Court CR. MISC. No.23262 of 2020(2) dt.11-09-2020 3/3 cancelled by the court below.

(ii) If the petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (Prabhat Kumar Singh, J) vinita/- U T