Aryan Kumar @ Dangar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28860 of 2022 Arising Out of PS. Case No.-95 Year-2021 Thana- BAKHTIYARPUR District- Patna ====================================================== Aryan Kumar @ Dangar S/o Amlesh Singh @ Amlesh Kumar Singh Resident of Village- Rawaich, Bakhtiyarpur, District- Patna, P.S.- Bakhtiyarpur, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Lal Babu Singh, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341, 323, 308, 379 and 34 of the Indian Penal Code.

According to the prosecution case, all accused persons abused and assaulted the informant and his wife and snatched the golden chain from neck of the wife of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28860 of 2022(2) dt.09-11-2022 2/3 petitioner has clean antecedent falsely been implicated in the present case. He further submits that it appears from the F.I.R. that there is general and omnibus allegation against the petitioner an there is specific allegation of assault against the co-accused, namely, Ankit Kumar. He further submits that the co-accused, namely, Amlesh Singh @ Amlesh Kumar who is father of the petitioner has been granted anticipatory bail vide order dated 13.07.2022 passed in Cr. Misc. No. 59853 of 2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Bakhtiyarpur P.S. Case No.

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.28860 of 2022(2) dt.09-11-2022 3/3 court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) vanisha/- U T