Amlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30804 of 2024 Arising Out of PS. Case No.-92 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Amlesh Kumar Son of Sri Munna Sah Resident of Village- Balua Rampurwa, P.S- Bairiya, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharad Kumar Verma, Advocate For the State :

Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 21-05-2024 Heard Ld. counsel for the petitioner and Ld. APP for the State.

2. The petitioner seeks bail, apprehending his arrest, in connection with Bettiah Town PS. Case No.-92 of 2024, registered for the offences punishable under Sections 413, 414, 420, 467, 468, and 471/34 of the Indian Penal Code.

3. The prosecution case as emerges from the FIR is that there is allegation of using the theft motorcycle by the Petitioner and his associate by manipulating their registration details of the vehicle.

4. Ld. counsel for the Petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. His name has transpired in the confessional statement of

Patna High Court CR. MISC. No.30804 of 2024(2) dt.21-05-2024 2/3 the co-accused. He further submits that nothing incriminating material has been recovered from the possession of the Petitioner.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has no criminal antecedents.

7. However, Ld. APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. C.J.M. West Champaran at Bettiah, in connection with Bettiah Town PS. Case No.-92 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:

(i) In case, it is brought to the notice of the court

Patna High Court CR. MISC. No.30804 of 2024(2) dt.21-05-2024 3/3 below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) Chandan/ shailendraU T