Amit Kumar Srivastava @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27813 of 2020 Arising Out of PS. Case No.-194 Year-2019 Thana- BUXAR District- Buxar ====================================================== Amit Kumar Srivastava @ Amit Kumar, aged about 20 years, Male, S/o Ranjan Kumar Srivastava, Resident of Village-Nai Bazar Ward No.4, Police Station-Buxar (Town), District-Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate For the State :
Mr.Dilip Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2020 Since physical court proceeding is not functioning due to present Pandemic Covid-19, the matter is listed with defect. Learned counsel for the petitioner undertakes to remove the defect within three weeks of normal functioning of the court after the lockdown, failing which the office is directed to place the matter before the Bench.
Heard the parties through virtual court proceeding. The petitioner seeks bail in connection with Buxar (Town) P.S. Case No.194 of 2019 registered for the offences punishable under Sections 323, 504, 356, 379/34 of the Indian Penal Code.
The prosecution case, as per the written report of Deepak Kuamr, submitted to the S.H.O., Buxar Town Police
Patna High Court CR. MISC. No.27813 of 2020(2) dt.04-11-2020 2/3 Station is to the effect that on 07.03.2019, the informant was going by his scooty, on the way, the petitioner and co-accused Bunti Yadav dashed the informant's scooty and thereafter, the co-accused Bunti Yadav took out the key from the scooty whereas petitioner Amit Kumar snatched a mobile phone and a camera from the informant and escaped from the scene taking the scooty of the informant.
Learned counsel for the petitioner submits that the petitioner is in jail custody since 15.07.2019. He further submits thast the petitioner has falsely been implicated in the case. He further submits that the said scooty has been recovered from the co-accused Bunty Yadav, who has been granted bail by this Co-ordinate Bench of this Court vide order dated 01.07.2020 passed in Cr. Misc. No.20285 of 2020. He further submits that there is no incriminating article has been recovered from possession of the petitioner. He further submits that the occurrence took place on 04.03.2019 and F.I.R. was lodged on 08.03.2019. There is no explanation regarding the delay. Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the
Patna High Court CR. MISC. No.27813 of 2020(2) dt.04-11-2020 3/3 above named petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No.194 of 2019.
(Anjani Kumar Sharan, J) Nasimul/- U T