Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28023 of 2024 Arising Out of PS. Case No.-647 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Amit Kumar S/o- Dharmendra Singh @ Dharmendra Kumar Resident of Village-Lahrabad P.S. - Piro District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Prasad Gupta, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bikramganj P.S Case No. 647 of 2023 registered for the offences punishable under Sections 413 and 414 of the I.P.C.

3. As per prosecution case, as alleged three stolen motorcycle were recovered from the petitioner and the coaccused persons.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 17.11.2023. Similarly situated co-accused person has already been granted bail by this Court in Cr. Misc. No.

Patna High Court CR. MISC. No.28023 of 2024(3) dt.20-05-2024 2/3 26773 of 2024 vide order dated 18.04.2024.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, seizure list, impugned order it appears that three motorycle were recovered from the possession of the accused persons and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M, Bikramganj (Rohtas) in connection with Bikramganj P.S Case No. 647 of 2023.

7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.

Patna High Court CR. MISC. No.28023 of 2024(3) dt.20-05-2024 3/3 Further, Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the trial court till conclusion of the trial.

(Ramesh Chand Malviya, J) saurabhkr/- U T